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All Journal El-Mashlahah Mizan: Journal of Islamic Law
Azlin Alisa Ahmad
Universiti Kebangsaan Malaysia
Religion Education Law, Crime, Criminology & Criminal Justice

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Trademark Cancellation of The PT. DIPOSIN in The Principle of Legal Certainty by Sudikno Mertokusumo Risma Nur Arifah; Azlin Alisa Ahmad; Silvana Oktavia Rochmawati
El-Mashlahah Vol 13, No 1 (2023)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v13i1.5333

Abstract

Trademark cancellation can be done by registered trademark owners, such as PT. Pos Indonesia filed a trademark cancellation suit against the DIPOSIN mark because the mark has similarities in principle to the Pos Indonesia mark and its registration was carried out in bad faith. The judge granted the lawsuit for the cancellation of the DIPOSIN mark in part and the cancellation decision was not implemented. So, because of this, there is a legal inconsistency that results in the absence of legal certainty for brand owners who have good intentions. This study aims to discuss the judges' considerations in Decision number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby and the application of the principle of legal certainty according to Sudikno Mertokusumo. This research is normative legal research using statutory, conceptual, and case approaches. This research shows that based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications the judge's consideration in Decision Number 8/Pdt.Sus-HKI/Merek/2020/PN.Niaga.Sby is appropriate however, the implementation of the decision to cancel the trademark is not appropriate with what has been set. This decision gave rise to an inconsistency of norms which resulted in the absence of legal certainty for brand owners. According to Sudikno Mertokusumo, for the law to function in a real way, the law must be upheld, because then the law becomes a reality and the law must reflect legal certainty, benefit, and justice.
PHILANTHROPY FOR WIDOWS AT ISLAMIC UNIVERSITY-BASED ISLAMIC MICROFINANCE INSTITUTIONS IN MADURA INDONESIA AFTER THE COVID-19 PANDEMIC Harisah Harisah; Zaenal Arief; Rahmat Dahlan; Rahmawati Rahmawati; Azlin Alisa Ahmad
JURNAL ILMU SYARIAH Vol 12 No 1 (2024): JUNI
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v12i1.20375

Abstract

Universities perform a role beyond the enhancement of knowledge in modern society. During the epidemic, however, numerous institutions contributed to the improvement of the community's economy, and this trend persisted after the outbreak. The financial institutions established on the campuses of Madura's Islamic universities govern philanthropy as one of the instruments for economic development. Utilizing interviews, observation, and documentation, this research was conducted using a qualitativemethodology. The study's findings indicate that Islamic universities in Madura, through Islamic financial institutions and Islamic boarding schools, contribute to the improvement of the community's economy from the pandemic to the post-pandemic era through the use of philanthropic instruments, one of which is a widow. Widows are viewed as one of the categories that must be aided by the economy because it is usual for widows, especially those with children, to encounter economic hardships. In Islamic microfinance institutions founded on Islamic colleges in Madura, types of generosity include building houses, supplying meals on a blessed Friday, offering zakat maal and zakat fitrah, waqf in the form of daily necessities, and productive economic forms including capital aid.
Co-Authors Harisah Harisah Rahmat Dahlan Rahmawati Rahmawati Risma Nur Arifah Silvana Oktavia Rochmawati Zaenal Arief