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All Journal JURNAL MAGISTER HUKUM UDAYANA LAW REFORM Veritas et Justitia LAW REVIEW Jurnal Wawasan Yuridika Journal of Judicial Review International Journal of Social Service and Research Global Legal Review Indonesian Journal of International Law Notary Journal Journal Of World Science INJURITY: Journal of Interdisciplinary Studies Journal of Social Science SASI Lex Scientia Law Review
Henry Soelistyo Budi, Henry Soelistyo
Faculty Of Law, Universitas Pelita Harapan
Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Physics Public Health Social Sciences

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CHILD MARRIAGE IN THE RECIPROCITY CULTURE OF THE SEA TRIBE COMMUNITY: LEGAL CONFLICTS AND VIOLATIONS OF EDUCATION AND HEALTH RIGHTS Tan, Winsherly; Budi, Henry Soelistyo; Shahrullah, Rina Shahriyani; Manashi Kalita
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/0xsjxk19

Abstract

The culture of “reciprocity” remains preserved and continues to serve as the foundation for the implementation of customary/Adat marriages among the indigenous Sea Tribe community in Lingga Regency. This study aims to strengthen cultural norms and regulatory frameworks, while also addressing the enforcement of such cultural practices. Employing an empirical legal approach, the study found that the practice of reciprocity conflicts with the prevailing national marriage law. Specifically, due to imbalances in social obligations, the Sea Tribe community often carries out child marriages based on custom without obtaining a court-issued marriage dispensation, as legally required. Furthermore, the Sea Tribe can no longer be classified as an Adat law community, as it no longer meets the criteria; instead, it should be regarded as a customary community that remains subject to national law. Drawing on Satjipto Rahardjo’s Theory of Legal Compliance, the study identifies three key factors contributing to the community’s non-compliance with marriage law: the lack of proper legal indoctrination, entrenched collective habits, and a limited understanding of the benefits of legal obedience. Consequently, the continued application of the reciprocity culture results in violations of children’s rights to health and education within the community. In light of Mochtar Kusumaatmadja’s Theory of Development Law, this study underscores the need for marriage law to more effectively govern the practices of the Sea Tribe community.
Enhancing Trade Secret Protection amidst E-commerce Advancements: Navigating the Cybersecurity Conundrum Disemadi, Hari Sutra; Budi, Henry Soelistyo
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.v7i1.608

Abstract

The e-commerce ecosystem has encompassed various aspects of life, giving rise to legal implications, particularly in the areas of intellectual property and personal data protection, which are now inseparable from Indonesia”™s economic system in the digital age. This research aims to elucidate the legal relationship between trade secrets as a crucial form of intellectual property to be safeguarded in the digital era and analyze Indonesia”™s legal capability to protect trade secrets amidst the escalating challenges of cybersecurity due to the widespread use of various forms of e-commerce. The research employs a normative legal research method to analyze the protection and legal certainty concerning trade secrets, which can be subject to unauthorized access or theft through cyberattacks. Utilizing a legislative approach, the research relies on secondary data in the form of primary legal sources. The findings of this research reveal political-legal issues and normative shortcomings in regulating e-commerce and trade secrets, often underestimating the digital threats that can harm individuals”™ intellectual property rights.
Problems of Obligation to Use Indonesian as Trademarks Against International Principles Concerning Words as Mark Gultom, Hosiana Daniel Adrian; Sardjono, Agus; Budi, Henry Soelistyo; Yuwono, Untung
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This is because Indonesia has ratified the Paris Convention, TRIPs, and TLT and harmonized its trademark law. However, there is an obligation for Indonesian citizens and its legal entities to use Indonesian words as trademarks. This article encompasses normative legal research using a statutory approach. Indonesian trademark law has accommodated the doctrine of likelihood of confusion as well as dilution. The law also implicitly recognizes five categories of wordmarks, which are: invented words, abbreviation including acronyms, arbitrary, suggestive, and generic. The obligation to use Indonesian words as trademarks limits the creation and use of words as trademarks. This norm appears to be formulated without a proper understanding of trademarks. Indonesia does not need norms like this. All trademark stakeholders must pay attention to this norm and apply for revocation.
Co-Authors Agus Sardjono Agustianto Agustianto, Agustianto Bintan R. Saragih Disemadi, Hari Sutra Febriani, Nathania Girodon-Hutagalung, Matahari Gultom, Hosiana Heliany, Ina Irawati, Jovita Jur. M. Udin Silalahi Lu Sudirman Manashi Kalita Michael Sofian Tanuhendrata NURLAILY, NURLAILY Pangaribuan, Freddy Leonardo Park, Jihyun R. Gratikana Ningrat Raymond R. Tjandrawinata Rina Shahriyani Shahrullah Ritonga, Anshari Sibuea, Hengki M. Silviani, Ninne Zahara Soerodjo, Irawan Stevenson, Thio Jerry Suyudi, Aria Tan, Winsherly Tonny Pongoh Untung Yuwono Windi Afdal, Windi