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Journal : MLJ

PERLINDUNGAN HUKUM TERHADAP PEMALSUAN MEREK DAGANG TERKENAL ASING DI INDONESIA Moh Nafri
Maleo Law Journal Vol. 2 No. 1 (2018): April 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

Legal Protection Against Counterfeiting of Foreign Famous Trademarks in Indonesia". The problem under study is how the legal protection against foreign trademark counterfeiting in Indonesia and what are the factors inhibiting the implementation of brand protection against foreign trademark counterfeiting. The research used is normative law research method. The normative legal research approach is to examine the rules relating to research, namely the rules on legal protection against trademark counterfeiting. The results of the study found that legal protection is required for a brand that has obtained a notable predicate protected from imitation or forgery by others. Then the form of legal protection is a preventive and repressive. As for the factors that impede the implementation of the protection of the right of the brand that is the limitations of information to the public (consumer) on the existence of the application for registration of the mark, the difficulties of the holder of the right to foreign famous brand to find the perpetrator of the breach of the brand and the claim of the holder of foreign famous trademark in some respects worsens the reputation of the product because it is considered a problematic product.Keyword : Legal Protection, Counterfeiting, Foreign Famous Brand 
DOKUMEN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PERDATA DI INDONESIA Moh Nafri
Maleo Law Journal Vol. 3 No. 1 (2019): April 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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The development of information technology that is increasingly rapidly influencing aspects of people's lives both in terms of economic, social and cultural. so that in conducting transactions in the field of commerce was also done through internet access. The issue that arises and is regulated in the ITE Law is related to how the basis for regulating the use of electronic documents as evidence in civil procedural law in Indonesia and how the strength of proof of electronic documents as evidence in Indonesian civil procedural law. The research used is a normative legal research method. The normative legal research approach is by reviewing the regulations relating to this research, namely the regulations regarding electronic documents as evidence. The results of the study found that the electronic documents regulated in the ITE Law both before birth and after the birth of this law have been recognized in various laws. However, in the regulation of other laws not explicitly referred to as "electronic documents". In the other law mentioned herein are types of electronic documents which have a legal position as evidence in a trial. The coming into effect of the ITE Law, in addition to the evidence contained in the HIR, RBg and KUHAPer, electronic evidence is also valid as evidence.Keyword: Electronic Documents, Proof
EFEKTIFITAS MEDIASI DALAM PERKARA PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN DI PENGADILAN AGAMA PALU KELAS I A Moh Nafri; Moh Didi Permana
Maleo Law Journal Vol. 3 No. 2 (2019): Oktober 2019
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The peace efforts referred to in Article 130 paragraph (1) of the HIR are imperative. This means that the judge is obliged to reconcile the parties to the dispute before the trial process begins. The judge tried to reconcile with good methods so that there was a meeting point so that there was no need for a long and tiring trial process. Nevertheless, the peace efforts carried out still prioritize the interests of all parties to the dispute so that all feel satisfied and no one feels disadvantaged. In the life of a family or household in addition to issues of rights and obligations as husband and wife, then the problem of property can also be a base that is the cause of various disputes or tensions in marital life, because property is the material basis of family life . The purpose of this study was to determine the effectiveness of mediation in cases of sharing of shared assets resulting from divorce in the Palu I Class A Religious Court and to find out the obstacles in the implementation of mediation in the case of sharing of shared assets in the Class I A Religious Court of Palu. The research method used is empirical research. The use of this type of research is based on the formulation of the problem raised as a logical consequence of the legal issue of research in the background of the problem. Summary of research results are general factors that cause ineffectiveness of mediation in the case of sharing of assets in the Religious Courts are firstly the level of community compliance that undergoes a very low mediation process, this factor which is the main cause of ineffective mediation in the Religious Courts. Secondly, the obstacles in the implementation of mediation in the case of sharing of shared assets is because in addition to the head of the Religious Court, judges appointed as mediators have not all participated in mediation training conducted by the Supreme Court of the Republic of Indonesia.  Keywords: Mediation, Joint Assets, Divorce
REVOLUSI INDUSTRI 4.0 DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA DI INDONESIA Osgar S Matompo; Moh Nafri
Maleo Law Journal Vol. 4 No. 2 (2020): Oktober 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

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Abstract

The Industrial Revolution 4.0 revolutionized the movement of the world economy. If you do not prepare yourself from now on, you will be left far behind in the world economy. Government intervention in monopoly and oligopoly markets aims to influence prices, the amount produced, and the distribution of income from economic activities. Intervention is carried out in 2 ways, namely: regulation and anti-monopoly law. In this research, the recommendation is that the Government must be able to create regulations that encourage the development of the digitalization economy as a strategy. Such as the policy of convenience in financing startup businesses, tax incentives and guidance for SMEs. The government also needs to increase the development of telecommunications infrastructure in small areas so as to minimize the imbalances that occur. Keywords: Business competition. Industrial Revolution