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All Journal Jurnal Ius Constituendum Unes Law Review Jurnal Hukum Adigama Hukum Pidana dan Pembangunan Hukum
Christine S.T. Kansil
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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MPLIKASI KASUS SENGKETA MEREK WD-40 DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (CONTOH KASUS NOMOR 39/PDT.SUS.MEREK/2018/PN.NIAGA.JKT.PST. Muhammad Alkindi Soramoes; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17918

Abstract

The case of a trademark dispute between WD-40 and Get-All-40 proves that there is still a gap in trademark infringement by irresponsible parties, or parties who hitch a ride on well-known brands in bad faith. The problem faced is what is the implication of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases. The research method used is normative juridical legal research. The results of the study show that the implications of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases, where this trademark dispute was resolved / broken by the judge with the victory of the Plaintiff WD- 40 Company and WD-40 Manufacturing Company which in this case the judge canceled the registration of the Defendant's "GET ALL-40 and Painting" Mark: (1) "GET ALL-40 and Painting" Mark with No. Registration IDM000616481 in Class 2; and (2) “GET ALL-40 and Painting” Mark with No. Registration IDM000616482 in Class 2; from the General Register of Marks. Procedures for lawsuits at the commercial court for infringement of marks need to be implemented in accordance with the time limit stipulated in Law Number 20 of 2016 concerning Marks and those who do not accept the decision of the commercial court can file an appeal to the Supreme Court, because the commercial court does not regulate legal remedies. appeal.
ANALISIS PERLINDUNGAN HUKUM MEREK TERKENAL YANG BELUM TERDAFTAR DI INDONESIA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 790K/PDT.SUS-HKI/2020) Vanesha Margaretta; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17085

Abstract

Legal protection at TRIPS and international conventions is basically to protect the existence of well-known brands on an international scale against bad faith by other parties who want to join in and take advantage of these well-known brands. The problem faced is the legal protection of wellknown trademarks that have not been registered in Indonesia in the Supreme Court Decision Number 790 K/Pdt.Sus-HKI/2020. The research method used is normative juridical legal research. Research results show that the protection of well-known brands is primarily regulated in the Paris Convention for the Protection of Industrial Property (“Paris Convention”) and also in the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”). The provisions to protect well-known marks above apply to all member countries of the Paris Convention and signatories to the TRIPS Agreement (the World Trade Organization's TRIPS Agreement). Each member of the World Trade Organization (WTO) is a member of the World Intellectual Property Organization (WIPO), the Paris Convention and the TRIPS Agreement attached to WIPO. So that every member country of WIPO and WTO, including Indonesia, must submit to the two treaties. Government efforts through Trademark Law No. 20 of 2016 concerning Trademarks and Geographical Indications in providing protection against brands in Indonesia is a positive step from the government circles in this case the Directorate General of KI in uncovering every case of trademark disputes.
PERLINDUNGAN HUKUM PEMEGANG HAK CIPTA KARYA SINEMATOGRAFI TERKAIT ADANYA DUGAAN PELANGGARAN HAK EKONOMI MELALUI APLIKASI SOSIAL MEDIA TELEGRAM (DITINJAU DARI UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA) Gabriel Lusia; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13635

Abstract

Uploading a creation in a social media app is evidence that the internet presence has become an impact in the modern era that keeps getting sophisticated . However, it can't be denied that it can cause several problems, with the occurrence of speculation violating economic rights especially for cinematography copyrights holders. This research used legal protection as a discussion point to cinematographic copyright holders, illegality reasons, and legal efforts that cinematographic copyright holders can use against hijackers that are using Telegram applications. The research method that is used is to regulate justice through the use of legal methods and conceptual methods. The result of the research conclude that cinematographic copyright protection in the form of preventive measures, alternative dispute solution with arbitration or repressive dispute resolution methods taken through the court. The reason why hijackers use the telegram application is because it is convenient, free and also Telegram doesn't have strict rules against misused channel. The cinematographic copyright holder that has been hijacked from the Telegram application can make an effort by giving a complaint about copying and hijacking to relevant instances.
PERLINDUNGAN HUKUM PENGGUNA MARKETPLACE TERHADAP DUGAAN PELANGGARAN HAK PRIBADI YANG DILAKUKAN JASA PENGIRIMAN BERDASARKAN HUKUM POSITIF DI INDONESIA (Contoh Kasus Viral Transaksi Jual Beli “Cash On Delivery”) Jesselyn Valerie Herman; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17769

Abstract

Trading through the market has increased along with the times, especially during the COVID19 pandemic. The number of parties involved is due to the legal consequences of its own in its implementation in the field, especially shipping service companies that play an important role in the implementation of distributing goods to buyers. However, in practice, there are often complex problems between the courier and the buyer who are the end of online buying and selling transactions. In this study, two problems will be discussed, i.e. how is legal protection and who can be responsible for the alleged violation? considering that the delivery service is only for delivering goods and taking payments using the Cash On Delivery (COD) method. This study used normative legal research methods, secondary data types derived from library materials with qualitative descriptive data collection, followed by a statute approach and a case approach. Based on the results of the study, it shows that the innovations caused by the COD payment mechanism do not yet have protection for buyers and couriers because there are no guidelines that provide clear guidelines, especially in the procedures and limitations of taking photos as electronic evidence, resulting in not being able to overcome the problems faced by couriers in sending goods. with the COD system. Therefore, the government has an important role in supervising the rules issued unilaterally by electronic system operators in carrying out transactions through applications regulated in positive law in Indonesia. If there is a violation of the provisions of electronic evidence such as the distribution of expedition videos without the buyer's consent, then both the government and the organizers can give a warning and a strong legal basis so that the buyer can fight for his rights against the actions of the expedition courier as a delivery person.
TINJAUAN BENTUK PERTANGGUNGJAWABAN PT TOKOPEDIA SELAKU MARKETPLACE DALAM RANGKA MENYEDIAKAN SISTEM ELEKTRONIK YANG ANDAL DAN AMAN BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK JO. UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Samuel Evan; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10575

Abstract

Everyone should already know about legal responsibility. Legal responsibility itself takes many forms. Problems arise when a regulation, especially a law, does not clearly explain the form or principle of legal responsibility that applies in the application of the regulation. This is clearly seen in Article 15 of the ITE Law, where it does not state what forms of legal responsibility can be applied to electronic system administrators in the operation of the electronic system. Determining the form of legal responsibility in the ITE Law is very important considering the rapid growth of electronic transactions (e-commerce) both in the world and in Indonesia. The development of e-commerce has certainly led to an increasing number of companies engaged in e-commerce. PT Tokopedia as one of the largest marketplaces in Indonesia is a testament to the rapid development of e-commerce. In running its business, PT Tokopedia is bound to and must comply with the ITE Law as part of the electronic system organizer. As a result of unclear regulations regarding the legal responsibility of electronic system administrators in the ITE Law, it can cause injustice to the community, especially as users of electronic system services. There is a need for clearer regulations regarding the form of legal responsibility for administrators of this electronic system in order to achieve legal certainty and also justice for all parties in e-commerce activities.
Pelindungan Hukum Terhadap Pemegang Saham Perusahaan Tercatat Dalam Hal Diberlakukannya Suspensi Perdagangan Efek Oleh Bursa Efek Indonesia (Studi Kasus: PT Evergreen Invesco, Tbk (GREN) Tahun 2017) Jessica Kandiawan; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10581

Abstract

A private company that went public by making a public offering is obliged to convey information to their shareholders and also the Capital Market supervisors. When a public company fails to perform their obligations, Indonesia Stock Exchange (IDX) as one of the Capital Market supervisors may impose sanctions in the form of trading suspension. However, up until this day there is no legal certainty regarding the time limit of a trading suspension. That means, a company can be suspended for years without a clear time limit and ends up getting forced delisting by IDX. Thus, there is a need of legal protection to the shareholders regarding the unlimited time of trading suspension as well as corporate responsibility in case of being forced delisting. The research method used is normative juridical. In Indonesia, the Law Number 8 of 1995 concerning the Capital Market and the regulations below it provided legal protection to shareholders by determining the principle of disclosure. Furthermore, when a company gets forced delisting, the board of directors of the company must take responsibility for their negligence which resulted in the trading suspension (principle of piercing the corporate veil). In addition, Article 61 Paragraph 1 of Law Number 40 of 2007 concerning Company Law, states that the shareholders have the right to sue the board of directors through a district court. Shareholders also have rights to have their shares valued and purchased at a fair price by the Company.
IMPLIKASI KASUS SENGKETA MEREK WD-40 DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (CONTOH KASUS NOMOR 39/PDT.SUS.MEREK /2018/PN.NIAGA.JKT.PST Muhammad Alkindi Soramoes; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13643

Abstract

The case of a trademark dispute between WD-40 and Get-All-40 proves that there is still a gap in trademark infringement by irresponsible parties, or parties who hitch a ride on well-known brands in bad faith. The problem faced is what is the implication of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases. The research method used is normative juridical legal research. The results of the study show that the implications of Law Number 20 of 2016 concerning Trademarks and Geographical Indications for famous trademark disputes related to the WD-40 COMPANY and WD-40 Manufacturing Company cases, where this trademark dispute was resolved / broken by the judge with the victory of the Plaintiff WD- 40 Company and WD-40 Manufacturing Company which in this case the judge canceled the registration of the Defendant's "GET ALL-40 and Painting" Mark: (1) "GET ALL-40 and Painting" Mark with No. Registration IDM000616481 in Class 2; and (2) “GET ALL-40 and Painting” Mark with No. Registration IDM000616482 in Class 2; from the General Register of Marks. Procedures for lawsuits at the commercial court for infringement of marks need to be implemented in accordance with the time limit stipulated in Law Number 20 of 2016 concerning Marks and those who do not accept the decision of the commercial court can file an appeal to the Supreme Court, because the commercial court does not regulate legal remedies. appeal.
ANALISIS KEWAJIBAN PENGAWASAN NEWS PORTAL TERHADAP KOMENTAR PUBLIK DI DALAM KOLOM KOMENTAR (Studi Perbandingan Di Indonesia Dan Di Uni Eropa) Nisa Harashta; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10614

Abstract

Indonesia and member countries of the European Union already recognize and have a news portal. News portals do not have a definition, but news portals are included in web portals that provide news content. Normative legal research methods. Based on the research results, if there are negative comments in the comments column on platform their, then the news portal platforms in both Indonesia and the European Union are not responsible. Both in Indonesia and in the European Union continue to monitor public comments in accordance with applicable regulations. The similarity between these two countries is that if the news portal platform continues to monitor public comments and will delete these comments, but it cannot be monitored because of the large number of incoming comments, the news portal platform provides a means to report bad comments. or deviating from the applicable rules. If after reporting to the news portal platform, it does not benefit both parties, a settlement can be made out of court or in court. Everyone who wants to comment in the comments column is free to express their opinion, by paying attention to the language used is not negative. The difference is the responsibility for the openness of public comments with the protection of Indonesia's personal data using the APEC standard Privacy Frameworks, while for the European Union it already has GDPR.
PELINDUNGAN HUKUM MEREK TERKENAL PUMA TERHADAP PEMBONCENGAN REPUTASI (PASSING OFF) OLEH MEREK PUMADA DIKAITKAN DENGAN PENERAPAN ASAS ITIKAD BAIK (ANALISIS PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NO. 10/PDT.SUS.MEREK/2020/PN.NIAGAJKT.PST.) Olivia Laksmono; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10576

Abstract

The multitude benefits of trademark in the course of commercial activity, especially for well-known trademarks often attracts ill-intentioned parties to use trademarks that are similar to trademarks that are already well-known in order to pass off their products as if belonging or has relation to the well-known trademark. One instance is the local trademark PUMADA passing off their own products as of the well-known trademark PUMA’s by using similar name and logo in their trademark. In accordance with the practice of good faith in trademark registration as stipulated in Article 21 paragraph (3) Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the registration of the local trademark PUMADA should have been rejected. However, in reality the registration was actually accepted by the Directorate of Trademarks and Geographical Indication who’s responsible for the registration of trademark in Indonesia. Hence, raising the question as to whether the local trademark PUMADA has indeed pass offed its products as of the well-known trademark PUMA’s and how’s the legal protection for the well-known trademark PUMA against such act of passing off by the local trademark PUMADA in relation to the practice of good faith. This research was conducted using normative legal research method, and reveals that the local trademark PUMADA has indeed pass offed its products as of the well-known trademark PUMA’s and the legal protection for the well-known trademark PUMA against such act of passing off by the local trademark PUMADA can be found in the regulations, but unfortunately not in practice.
PELINDUNGAN HUKUM TERHADAP INVENTOR PEMEGANG HAK PATEN TNI ANGKATAN DARAT DALAM PENDAFTARAN HAK PATEN DI INDONESIA Benedicta Angela Prasetyo; Christine S.T. Kansil
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10840

Abstract

The technological development of a country cannot be separated from the guarantee of intellectual property protection that applies to that country. Intellectual Property Rights or abbreviated HKI are equivalent to Intellectual Property Rights is a right arising from the thinking of the human brain which produces a product or process that is beneficial to humans. Patents are part of Intellectual Property Rights, which in this framework are included in the category of industrial property rights. This study aims to look at legal protection for inventors who produce inventions in the field of military technology. This type of research used in this research is normative legal research supported by interview data with experts. In this case, a military invention does not have a patent certificate because it has not registered it in a patent right, therefore there is no protection against this military invention. Until now, all of the technology in the Army cannot be patented, because there are no rules as to how to apply for such patents. In this case Peraturan Panglima and Peraturan Kepala Staf Angkatan Darat have not been regulated even though Article 109 of Law No. 13 of 2016 concerning Patents and Article 2, Article 3, and Article 4 of Presidential Regulation No. 77 of 2020 concerning the Procedure for the Application of Patents by the Government, a statement that, specifically for the military, which is managed by the Government, the government cannot conduct such Patents alone, the government will appoint a third party.
Co-Authors Alfandi Alfandi Ardhelia Putri Salsabila Benedicta Angela Prasetyo Gabriel Lusia Hessa Arteja I Gede Putra Wijaya Jesselyn Valerie Herman Jessica Kandiawan Kelvin Arizona Khusbu Vaswani Melia Melia Michael Michael Muhammad Alkindi Soramoes Nanda Resa Nur Aliska Nethania Aurelia Madelin Nisa Harashta Oldriana Lavenia Kumurur Olivia Laksmono Renaldi Vietiamawan Rosdiana Saleh, Rosdiana Sabrina Aurellia Salvian salmon Samuel Evan Sarah Mawaddah Shabariyah Sheren Regina Vedora Simona Bustani, Simona SULTHAN FAISAL ESA M Vanesha Margaretta Vernando Samosir, Anju Doli Vira Adryani Wilson Wijaya