Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
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This Author published in this journals
All Journal Audito Comparative Law Journal (ACLJ) Journal of Law and Legal Reform
Dodik Setiawan Nur Heriyanto
Faculty of Law, Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice

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The Power of Legal Certainty in the Trademark Exhaustion Principle Governing Parallel Imports Alif Muhammad Gultom; Dodik Setiawan Nur Heriyanto
Audito Comparative Law Journal (ACLJ) Vol. 4 No. 2 (2023): May 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v4i2.25232

Abstract

The exhaustion doctrine in intellectual property law refers to the limitation imposed on the rights of owners to enforce their intellectual property rights after a particular point of sale. It creates a framework for determining the legality of parallel imports and helps to balance the interests of intellectual property owners and consumers. This paper presents a comparative study on the trademark exhaustion principle and parallel import between the European Union (EU) and Indonesia. The study investigates the legal framework and the practical application of these concepts in both jurisdictions. This study uses a normative research method and a legal comparative approach to analyze and describe the legal frameworks of different jurisdictions. The research findings indicate that the EU has a well-defined threshold for the exhaustion of trademark rights, which is aligned with the regional exhaustion principle. In contrast, the Indonesian legal system lacks clarity on this principle, which creates confusion and uncertainty for trademark owners and parallel importers. Last, this research also provides insights for policymakers, practitioners, and academics who are interested in the current exhaustion principle and parallel import development.
The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment Asmarani Ramli; Dodik Setiawan Nur Heriyanto; Fezer Tamas; Dian Latifiani
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2089

Abstract

The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.
Co-Authors Alif Muhammad Gultom Asmarani Ramli Dian Latifiani Fezer Tamas