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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Humaniorum Journal
I Gusti Agung Ngurah
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Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Kewenangan Penyidik Polri untuk Melakukan Penahanan Tersangka Pelaku Tindak Pidana dalam Proses Peradilan Pidana Aris Munandar; I Gusti Agung Ngurah; Abu nawas
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i11.13888

Abstract

In the criminal justice system, the police are the "gateway" for justice seekers. This is where things started. This initial position puts the police at a disadvantage. As an investigator the police must make arrests (when necessary) detentions, which means the police must have a strong suspicion that the person is the perpetrator of the crime. Detention can be done if it is deemed necessary. As stated in Article 1 Point 21 of the Code of Criminal Procedure: "Detention is the placement of suspects or defendants in certain places by investigators, public prosecutors, or judges with their determination in the case and in the manner provided for in this law. Based on the results of the study, the author concludes that legal considerations of police investigators are authorized to detain suspected perpetrators of criminal acts, because the National Police as investigators in the investigation process have duties and obligations of their main duties and functions. In connection with these duties and obligations, the police have the authority as stipulated in: 1) Law Number 8 of 1981 concerning the Code of Criminal Procedure, namely the condition of subjective detention is a condition stemming from the assessment and concern of the investigator that if the defendant is not detained then the accused will run away, will damage or eliminate evidence, and will even repeat the crime; 2) Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia; and clearly about how the management of criminal investigations must be carried out by the police as stipulated in Perkapolri No. 14 of 2012 concerning Management of Criminal Investigations
Kajian Peran Kepolisian terhadap Tindak Pidana Pelanggaran Merek dengan Memperdagangkan Barang tanpa Seizin Pemilik Merek yang Terdaftar Abel Yumay; Ichwan Setiawan; I Gusti Agung Ngurah
HUMANIORUM Vol 1 No 03 (2023): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v1i03.20

Abstract

Unlike copyrights, trademarks must first be registered in the General Trademark Register. This is useful so that every producer, entrepreneur, or trader can be legally protected with respect to trademark rights over their goods. Trademark Law Number 15 of 2001, which requires the mark to be registered. If the trademark has been registered legally, in the event of a violation of the rights to the mark, the legal owner or rights holder can file a claim by taking legal action as stated in Article 76 of the Law on Marks and Trademarks 20 (2016) concerning geographical indications. Indeed, the protection of brand rights for brand owners in Indonesia has recently decreased. In fact, trademark infringement is still common. Well-known trademarks are generally inseparable from intellectual property rights violations, such as counterfeiting, imitation, and reputational carpooling. This journal uses normative legal research methods. Legal writing is research that examines legal materials, positive legal provisions, legal principles, and legal doctrine in order to answer the legal issues at hand. The problem approach used is the statutory approach. The technique of tracing legal materials uses a literature study technique as well as an analysis of the study using qualitative analysis.Based on the research results, the authors can conclude that their rights still have protection against criminal acts of trademark infringement. Likewise, the police also play a fundamental role in dealing with criminal acts of trademark infringement by trading goods without the permission of the registered trademark owner. There are three types of police handling of trademark infringement: pre-emptive, preventive, and repressive measures.
Co-Authors Abel Yumay Abu Nawas Aris Munandar Harry Syahputra Ichwan Setiawan Muhammad Rizal Rustam Mukhlis Al Huda Padimun Lumban Tobing