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All Journal CERMIN SOSEKHUM Pandecta Diktum Jurnal Cita Hukum Kosmik Hukum Jurnal Consulenza : Jurnal Bimbingan Konseling dan Psikologi ABDIMAS
Kanti Rahayu
Universitas Pancasakti Tegal
Religion Humanities Education Health Professions Law, Crime, Criminology & Criminal Justice Mechanical Engineering Medicine & Pharmacology Nursing Public Health Social Sciences Veterinary Other

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Journal : kosmik hukum

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Peran Jabatan Notaris dalam Pembuatan Akta Pengalihan Hak Atas Merek Terdaftar Kanti Rahayu; Kus Rizkianto; Mukhidin Mukhidin
Kosmik Hukum Vol 22, No 2 (2022)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v22i2.13483

Abstract

Marks can be transferred to other parties by registered trademark owners. The transfer can be done from person to person or transfer from one person or several people to a company or corporation. The possibilities that can occur on the transfer of a brand from a personal to a company include selling the brand personally to a certain company. Transfer of Marks has been regulated in Article 41 of the Law on Marks and Geographical Indications concerning the Transfer of Rights and Licenses. Right to Mark can be transferred due to Inheritance; Will; Waqf; Grant; Agreement; or other reasons justified by the provisions of laws and regulations. This study aims to explain the legal arrangements for making a deed of transfer of rights to a registered mark and examine the role of the Notary Position in making a deed of transfer of rights to a registered mark. This study uses library research methods with a normative research approach with qualitative analysis. The result is that the legal arrangements regarding the transfer of rights to registered marks have been regulated in Article 41 of Law no. 20 of 2016 concerning Marks and Geographical Indications which states that rights to registered marks can be transferred by several mechanisms justified by law such as through inheritance, endowments, grants, wills, agreements and other reasons according to the applicable law. Every act of transferring rights to a registered mark must be registered with the Minister accompanied by supporting documents. Once recorded, the transfer of rights to the mark will be announced in the Official Gazette of Marks and may be subject to a fee. Then the terms of the transfer of rights to the registered mark in the form of a deed must be made before a Notary as the official office of the deed maker.Keywords: Notary, Deed, Transfer of Rights, Registered Mark
Victim Oriented Plea Bargaining in Indonesia’s Criminal Justice System : Toward Substantive Justice for Victims of Crime Rizkianto, Kus; Rahayu, Kanti; Nunna, Bhanu Prakash
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.28841

Abstract

This study examines the formulation of a victim-oriented plea bargaining model to promote substantive justice for both defendants and victims in Indonesia. Plea bargaining refers to a defendant’s admission of guilt through negotiation with the public prosecutor in exchange for a reduced sentence. It may be applied to first-time offenses punishable by a maximum imprisonment of five years and a maximum fine of five hundred million rupiah, provided that the defendant agrees to compensate the victim. However, judicial practice shows that plea bargaining tends to prioritize imprisonment while neglecting victims’ rights to restitution. Using a normative juridical method, this study analyzes statutory regulations and legal literature through qualitative descriptive analysis. The findings reveal two main issues. First, plea bargaining is regulated under Article 78 paragraph (1), Article 205 paragraph (2), and Article 234 paragraph (1) of Law Number 20 of 2025 concerning the Criminal Procedure Code, but non-compliance with restitution obligations only results in substitute imprisonment, leaving victims uncompensated. Second, a victim-oriented model should require defendants to apologize, involve victims in negotiations, and ensure agreement on compensation, settlement mechanisms, and criminal sanctions. When defendants are unable to provide compensation, the State should assume responsibility through a victim compensation fund. This study recommends revising the Criminal Procedure Code, establishing state-funded victim compensation, strengthening prosecutorial supervision over plea bargaining agreements, and formulating Supreme Court guidelines to balance defendants’ rights with victims’ substantive justice.
Co-Authors Achmad Irwan Hamzani Anak Agung Istri Sri Wiadnyani Aravik, Havis Atthoharoh, Nurul Bait Eddhie Praptono Fadhilah, Muhammad Fahrur Rozi Fitriani Fitriani Haryadi, Tani Imanniar, Nanda Cahaya Irwan Irwan Kharisna, Imanda Kur Ani, Nur Kus Rizkianto Maundry, Rinaldy Melanie Melanie, Melanie Muhammad Wildan Mukhidin - Nunna, Bhanu Prakash Nur Khasanah Nur Khasanah Rizki Fitlya, Rizki Sari, Sekar Indah Selviany Tani Haryadi