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All Journal Logika : Jurnal Penelitian Universitas Kuningan
Slamet Pribadi
Universitas Bhayangkara Jakarta Raya
Agriculture, Biological Sciences & Forestry Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Preventif terhadap Merek Dagang di Indonesia Berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis Dwi Seno Wijanarko; Slamet Pribadi
LOGIKA : Jurnal Penelitian Universitas Kuningan Vol 13 No 02 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/logika.v13i02.7178

Abstract

The research objective is to identify and analyze the factors that must be considered in preventive efforts. This study uses a normative juridical approach. Normative legal research is a procedure and method of scientific research to find the truth based on the scientific logic of law from a normative perspective. The result of the research is that preventive legal protection provides protection for legitimate trademark owners. Preventive legal protection is a form of protection that leads to actions that prevent a violation or dispute. The aim is to minimize opportunities for violations to occur and to provide limitations in carrying out an obligation to the mark. The principle adopted by the Mark registration system in Indonesia is the First to File (constitutive) principle. The Constitutive System is the principle whereby the owner of the rights to a mark that is considered valid is the one who first registers at the Ministry. This system guarantees legal certainty in the form of benefits to registrants (legal owners/holders of Marks) whose trademark registration is accepted as a Mark in the form of a certificate as proof of rights to the Mark as well as being considered the first user of the registered Mark. It is necessary to prove whether the mark registration is done in good or bad faith. In Article 4 paragraph (1) of Law Number Concerning Trademarks and Geographical Indications, that a mark can only be registered on the basis of a request by a brand owner in good faith. The trademark law protects the mark based on Article 21 paragraph 1 explaining that the trademark application will be rejected if the mark has similarities in principle or in whole with the registered mark of another party for similar goods and/or services and a well-known mark owned by another party for goods and/or similar services. Legal protection for brands is regulated based on Law Number concerning Marks and Geographical Indications.
Kepastian Hukum terhadap Label dan Sertifiksasi Halal Produk Pangan Berdasakan Undang-Undang Nomor 33 Tahun 2014 tentang Jaminan Produk Halal Slamet Pribadi; Diana Fitriana
LOGIKA : Jurnal Penelitian Universitas Kuningan Vol 13 No 02 (2022)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/logika.v13i02.7176

Abstract

The aim of this research is to find out and analyze the legal arrangements regarding labels and certification of Halal Food Products. This study uses a normative juridical approach. Normative legal research is a procedure and method of scientific research to find the truth based on legal scientific logic from a normative point of view. Research results are In the food industry, food is processed through various new processing techniques and methods by utilizing scientific and technological developments, so that it becomes a product that is ready for consumption Public. However, keep in mind that most of the world's food industry and food technology products do not apply the halal certification system. This raises concerns that in facing free trade at the regional, international and global levels, Indonesia is being flooded with food products and other products that contain or are contaminated with haram elements. In processing, storage, handling, and packing techniques, preservatives are used which are harmful to health or additives containing haram elements which are prohibited by Islam. Halal certification is a business ethic that producers should carry out as a halal guarantee for consumers. Apart from being a halal guarantee for consumers, halal labels provide economic benefits for producers including: (1) Can increase consumer confidence because halal is guaranteed, (2) Has a USP (Unique Selling Point), (3) Able to penetrate the global halal market, (4) Improving product marketability in the market, (5) Cheap investment when compared to revenue growth that can be achieved.
Co-Authors Akbar, Moh Rifaldi Diana Fitriana Dwi Seno Wijanarko Wa Ode Sitti Nurhaliza Widodo, Aan