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All Journal J-CEKI Jurnal Ekonomi, Manajemen, Akuntansi
Saifudin Saifudin
Institut Agama Islam An-Nawawi Purworejo
Humanities Economics, Econometrics & Finance Social Sciences

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Praktik Jual Beli di Nmtstore.id Pada Aplikasi Shopee Perspektif Hukum Islam Saifudin Saifudin; Waluyo Sudarmaji; Muhajir Muhajir; Ikram Annafi
J-CEKI : Jurnal Cendekia Ilmiah Vol. 3 No. 4: Juni 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v3i4.3876

Abstract

Looking at the current phenomenon, buying and selling using the marketplace is becoming increasingly popular, this is motivated by the ongoing corona virus pandemic, so many people choose to buy and sell using the online system. Shopee is one of the marketplaces that competes in the world of online buying and selling, by offering attractive programs, such as flash sale promos, free shopee shipping, and there is also 10,000 shopee packages. The aim of this research is to describe whether buying and selling practices on nmtstore.id on the Shopee application are in accordance with Islamic law and Islamic business ethics. The method used in this research is a qualitative method with data collection techniques through interviews, sources and literature studies used to strengthen the analysis. The results of this research explain that there is a discrepancy or the terms and conditions of sale and purchase have not been fulfilled, namely in the terms and conditions of the person entering into the contract, because the buyer and seller are the same person, in this case the contract is damaged because it does not fulfill the terms of sale and purchase and the terms of sale and purchase. carrying out the contract is a different person. Meanwhile, in the view of Islamic business ethics, purchasing one's own goods at Shopee does not violate the rules or violate the provisions of Islamic business ethics.
Legal Protection of Well Known Brands Against Passing Off By Local Entrepreneurs : Case Study of Passing Off of the French Shepora Brand by Shepora Batik Muhajir Muhajir; Saifudin Saifudin; Lunaraisah Lunaraisah
J-CEKI : Jurnal Cendekia Ilmiah Vol. 4 No. 1: Desember 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v4i1.5843

Abstract

The purpose of this research is to determine the criteria that indicate that the Plaintiff's Shepora is a well-known mark that must be protected and how to prove if there has been a passing off of the Plaintiff's mark (Shepora) by Shepora Batik (defendant). This research is a study of documents related to the Passing off of the French Shepora Brand by Shepora Batik. The research results show that the two marks have similarities in essence, because the Defendant's mark also contains the words Sephora, which is the dominant element in the Plaintiff's mark and is also the Plaintiff's mark which has been registered in several countries in the world. The two brand writings are similar in terms of placement, writing method, and letter elements that make up the word Sephora itself, so they produce exactly the same sound when read. The Plaintiff's Sephora was registered in various countries long before the Defendant's brand was registered in Indonesia. If there are similarities in writing, speech and sound with the Plaintiff's brand, it can be ascertained that the Defendant's intentions are other than wanting to piggyback on and benefit from the popularity of the Sephora brand.
Co-Authors Achmad Nursobah Ayuningsih Ayuningsih Ikram Annafi Lunaraisah Lunaraisah Maolana Mujib Muhajir Muhajir Muhajir Muhajir Muhajir Waluyo Sudarmaji