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All Journal Diponegoro Law Review Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
I Gede Agus Kurniawan
Faculty of Law, Universitas Pendidikan Nasional
Law, Crime, Criminology & Criminal Justice

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DECONSTRUCTING TRADEMARK AUTHENTICITY: A COMPARATIVE STUDY OF LEGAL INTERPRETATIONS IN INDONESIA, OMAN, AND THE PHILIPPINES I Gede Agus Kurniawan; Ni Made Dyah Sukasmini Merthada; I Made Wirya Darma; Ni Gusti Agung Ayu Mas Tri Wulandari; Souad Ahmed Ezzerouali; Princess Alyssa Tee-anastacio
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.310-322

Abstract

This study examines the concept of trademark authenticity in Indonesia, Oman, and the Philippines through Jacques Derrida’s deconstruction theory. In trademark law, authenticity is commonly perceived as a stable attribute of a product and its origin. However, this notion is contested by the varying ways national legal systems apply trademark law. In this pluralistic context, authenticity is not a fixed legal fact but a matter of interpretation. By employing Derrida's theory, this research investigates how the meaning of authenticity is constructed, destabilized, and reconstructed across different intellectual property frameworks. It also explores how each country's legal system addresses or resists the inherent instability of trademark meanings. Using a comparative legal analysis, doctrinal research, and a post-structuralist interpretive approach, the study finds that in Indonesia, authenticity is closely tied to consumer perception; in Oman, it is linked to origin and moral identity; and in the Philippines, fairness and commercial honesty play a significant role. The novelty of this research lies in its assertion that brand authenticity is a legal construct subject to reinterpretation, challenging the notion of fixed legal definitions. The findings urge a reconsideration of national intellectual property systems, advocating for a more flexible, culturally situated view of brands that accommodates the evolving global context. This study also reveals that the legal understanding of trademark authenticity in these jurisdictions is shaped by a logocentric and hierarchical legal structure, opening space for critique of the dominance of a single legal narrative over diverse social realities. A limitation of this study is its reliance on conceptual analysis without empirical data, suggesting the need for further research through case studies to strengthen the findings.
Bank Trademark Protection in the Digital Era: Comparative Study of Indonesia, United States, Oman Anak Agung Ayu Ngurah Sri Rahayu Gorda; I Gede Agus Kurniawan; Putu Aras Samsithawrati; Princess Alyssa D. Tee-Anastacio; Musallam Al Awaid
Unnes Law Journal Vol. 12 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.48344

Abstract

This article examines the protection of bank trademarks in Indonesia, the United States, and Oman, representing Civil Law, Common Law, and a mixed civil–Sharia–GCC legal system respectively. It addresses two main questions: how differences in legal traditions shape the regulation and enforcement of bank trademarks in the digital era, and what model of protection can be formulated to make such protection more adaptive to technology‑based infringements while reinforcing depositor trust. Using a normative legal method with statute and comparative approaches, the study analyzes national trademark and banking regulations, international instruments such as TRIPS and the Madrid Protocol, GCC trademark rules, and relevant case law, interpreted through Lawrence M. Friedman’s legal system theory (structure, substance, and legal culture). The findings show that the United States provides the most advanced protection for bank trademarks through the combination of the Lanham Act, doctrines of likelihood of confusion and dilution, specific tools such as the ACPA and UDRP, and strong coordination with financial regulators. Indonesia and Oman have aligned their substantive rules with international standards, but face structural and cultural constraints, including fragmented inter‑agency coordination, the absence of fast‑track and online dispute resolution mechanisms for digital disputes, and limited institutional capacity. The article proposes a hybrid, trust‑centred model for Indonesia that strengthens substantive norms on bank trademarks, institutional coordination between IP, financial, and digital regulators, and rapid procedures for digital enforcement, while embedding consumer protection, good faith, and amanah as guiding principles.
The Business Legal Policy in Indonesia, Ghana, and Vietnam: A Perspective from the Theory of Dignified Justice I Gede Agus Kurniawan; Putu Aras Samsithawrati; Fradhana Putra Disantara; Mac Thi Hoai Thuong; Briggs Samuel Mawunyo Nutakor
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.18096

Abstract

This study aims to compare business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice and analyze the challenges and opportunities in their implementation. This research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze business law policies in Indonesia, Ghana, and Vietnam from the perspective of dignified justice. The study’s findings reveal that business law policies in Indonesia, Ghana, and Vietnam have unique characteristics influenced by their respective legal systems, histories, and socio-economic conditions. The main challenges include complex bureaucracy, regulatory uncertainty, weak law enforcement, and widespread corruption, which hinder transparency and fair business competition. Indonesia adopts a mixed legal system with reforms such as the Omnibus Law (Job Creation Law) to simplify regulations. However, it still faces issues in licensing and legal protection for SMEs. Ghana, operating under a common law system, seeks to strengthen corporate governance through the Companies Act 2019 but continues to struggle with capital access and burdensome bureaucracy for businesses. Meanwhile, Vietnam, with its socialist legal system, has encouraged private sector growth through reforms like the Law on Enterprises 2020 but still faces challenges related to regulatory transparency and labor protection. All three countries have opportunities to enhance economic competitiveness through bureaucratic digitalization, more transparent legal reforms, and broader support for SMEs and startups. With more inclusive and stable policies, they can establish a fairer and more sustainable business law system from the perspective of dignified justice.
Legal Aid and Community Empowerment in Trademark Protection for Public Procurement: Comparative Reflections from Indonesia, the United States, and Spain I Gede Agus Kurniawan; Khalid Mustafa; Putu Aras Samsithawrati; Fradhana Putra Disantara; Dinara F. Abdunayimova; Antonio Gutiérrez-Pozo
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 9 No. 1 (2026): (January-June 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v9i1.36963

Abstract

The increasing integration of intellectual property protection into public procurement has transformed trademarks from private commercial assets into strategic legal instruments that support fair competition, legal certainty, and accountable public governance. Nevertheless, many micro, small, and medium enterprises (MSMEs) continue to face significant barriers in obtaining trademark protection due to limited legal literacy, inadequate legal assistance, and fragmented institutional support. This study aims to examine the contribution of legal aid to strengthening trademark protection for business actors participating in public procurement, analyze how community empowerment is institutionalized in Indonesia, the United States, and Spain, and formulate a more inclusive legal framework for Indonesian public procurement through comparative legal analysis. This research employs normative legal research using statutory, conceptual, and comparative approaches. Legal materials consist of legislation, international legal instruments, academic literature, government reports, and institutional publications, which are analyzed through descriptive, comparative, and prescriptive methods. The findings demonstrate that legal aid should be reconceptualized as a preventive governance instrument encompassing legal education, trademark registration assistance, institutional collaboration, and community empowerment rather than merely litigation services. Comparative analysis reveals that the United States and Spain have developed integrated institutional models involving government agencies, universities, legal clinics, professional organizations, and business communities, whereas Indonesia continues to experience fragmented institutional coordination and limited preventive legal support. Accordingly, Indonesia should reconstruct its trademark protection framework by institutionalizing collaborative legal assistance, strengthening trademark literacy, integrating intellectual property protection into public procurement policies, and enhancing interagency cooperation to promote legal certainty, fair competition, inclusive economic participation, and sustainable public procurement governance. This aligns with Sustainable Development Goals (SDGs) 9: Industry, Innovation, and Infrastructure.
Co-Authors Anak Agung Ayu Ngurah Sri Rahayu Gorda Antonio Gutiérrez-Pozo Briggs Samuel Mawunyo Nutakor Dinara F. Abdunayimova Fradhana Putra Disantara Fradhana Putra Disantara I Made Wirya Darma Khalid Mustafa Mac Thi Hoai Thuong Musallam Al Awaid Ni Gusti Agung Ayu Mas Triwulandari Ni Made Dyah Sukasmini Merthada Princess Alyssa D. Tee-Anastacio Princess Alyssa Tee-anastacio Putu Aras Samsithawrati Souad Ahmed Ezzerouali