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All Journal JHR (Jurnal Hukum Replik) ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Anne Gunawati
Sultan Ageng Tirtayasa University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL REVIEW RELATING TO CANCELLATION OF ARBITRATION AWARDS THAT ARE ALREADY POWERFUL (INKRACHT) AND FINAL RELATED TO ARBITRATION LAW NO. 30 OF 1999 CONCERNING ARBITRATION CASE STUDY PT. KRAKATAU POSCO AGAINST INDONESIAN NATIONAL ARBITRATION BOARD, DKK AT SERANG STATE COURT Muchamad Iksan Suryana; Agus Prihartono PS; Anne Gunawati
JHR (Jurnal Hukum Replik) Vol 11, No 2 (2023): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v11i2.8391

Abstract

In this thesis, the author discusses the determination of several deviations related to the cancellation of the Arbitration Award as regulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. In this case, the parties and the judges themselves tend to ignore the existence of the Arbitration Institution, the agreement on the absence of an Arbitration Clause is considered a fake document and a deception by the Arbitration Applicant. Krakatau Posco (Arbitration Applicant) against the National Arbitration Board (Arbitration Respondent I) and PT. Krakatau Enggering (Respondent of Arbitration II) in Decision Number 105/Pdt.Arbt/2018/PN.Srg in Serang District Court Class IA. Arbitration clauses are carried out when the contract agreement is about to start between the two parties to avoid disputes before or after in the event of a dispute both parties must file the dispute at the Indonesian National Arbitration Board (BANI). The problems discussed in this thesis are regarding the Determination of Number 105/Pdt.Arbt/2018/PN.Srg. dated September 21, 2018, the judge considered that the absence of the Arbitration Clause was considered a false document and a ruse. The research method used in this thesis is normative juridical through a law approach. The sources used are in the form of secondary legal materials with library techniques that are analyzed qualitatively. The result of this study is the cancellation of the Arbitration decision which was granted by the Panel of Judges at the Serang District Court Class IA based on the fact that there was no Arbitration Clause agreement between the two parties wheKeywords: Arbitration Cancellation, Arbitration Clause
Perlindungan terhadap Pencipta atas Penggunaan Judul Lagu Bertaut Karya Nadin Amizah sebagai Judul Film Bertaut Rindu Khansa Nailah Ramadhini; Anne Gunawati; Jarkasi Anwar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/an2f7s09

Abstract

The development of the music and film industry in Indonesia shows the relationship between one creative work and another. This raises a problem, especially the use of the song title Bertaut by Nadin Amizah as the title of the film Bertaut Rindu. This problem is related to copyright protection, as regulated in Law Number 28 of 2014 concerning Copyright. This study will examine two problems, namely how the creator's legal protection for the use of the song title Bertaut which is used without permission as the title of the film Bertaut Rindu based on the Copyright Law and how the production house Sinemart is responsible for the use of the film title Bertaut Rindu based on the Copyright Law using two theories of legal protection and the theory of responsibility with normative juridical research methods, through a statute approach and a case study. The data used consists of primary data and secondary data obtained through literature studies and document and field studies, then analyzed qualitatively. The results of the research are that Nadin Amizah does not allow the title of Bertaut's song to be used as the title of the film Bertaut Rindu even though the word Bertaut is found in the KBBI. However, Nadin Amizah wants the song Bertaut to be used in Nadin Amizah's film, which is in Article 5 of the UUHC regarding the moral rights of protection and can be achieved through a warning or summons in Article 95 of the UUHC.
Analisis Yuridis Penyelesaian Sengketa Hak Merek “M6” Antara BMW dan BYD dalam Industri Otomotif (Studi Putusan: Nomor 19/Pdt.Sus-HKI-Merek/2025/PN Niaga Jkt.Pst) Annisa Fazriani; Anne Gunawati; Jarkasi Anwar
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/6az9qp30

Abstract

The increasing competition in the global automotive industry has led to potential trademark disputes, one of which is the M6 trademark dispute between BMW and BYD. This study aims to analyze the judges’ legal considerations in Decision Number 19/Pdt.Sus-HKI/Merek/2025/PN Niaga Jkt.Pst and the legal consequences of the decision on the registration of the BYD trademark under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses a normative juridical method by utilizing primary, secondary, and tertiary legal materials collected through library and field research. The results show that the judges’ considerations mainly emphasized formal aspects and did not optimally consider the first to file principle, similarity in essence, and indications of bad faith. The panel of judges also failed to integrate international legal provisions such as the Paris Convention and the TRIPs Agreement in providing protection for well-known trademarks. The decision declaring the lawsuit inadmissible resulted in the substantive issues not being examined, thereby creating legal uncertainty. This condition affects the protection of the exclusive rights of registered trademark owners and indicates that legal protection in resolving trademark disputes has not been effectively implemented.
Perlindungan Hukum terhadap Konsumen Kosmetik Vegan Menurut Undang-Undang Jaminan Produk Halal Dikaitkan dengan Undang-Undang Perlindungan Konsumen: Studi Kasus Produk Sabun Strawberry Shower Gel The Body Shop Annisa Ramadhani Utami; Anne Gunawati; Sariyah
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/5vak2k56

Abstract

The circulation of vegan cosmetic products in Indonesia has grown rapidly alongside increasing public awareness of natural, environmentally friendly, and cruelty-free products. However, vegan formulations do not necessarily fulfill the requirements of halal product assurance as regulated under Law Number 33 of 2014 concerning Halal Product Assurance. The focus of this study is to examine the legal protection of consumers regarding the distribution of Strawberry Shower Gel products by PT Monica Hijau Lestari under the Consumer Protection Law in relation to the Halal Product Assurance Law, as well as the responsibility of PT Monica Hijau Lestari for the circulation of such vegan cosmetic products. This research applies the theories of legal certainty and legal liability as the analytical framework. The research method used is normative-empirical juridical research with statutory, conceptual, and field study approaches. Primary data were obtained through interviews with Dr. K.H.A. Bazari Syam, M.Pd.I, Chairman of the Indonesian Ulema Council (MUI) of Banten Province, and Nurul Khairani, Manager of Research and Education at YLKI, as well as interviews with consumers using Strawberry Shower Gel products. Secondary data were collected through literature studies of laws and regulations, books, journals, and related documents. The results of the study indicate that Strawberry Shower Gel products have obtained BPOM distribution permits, thereby fulfilling aspects of safety, quality, and market eligibility. However, the products have not fully met the assurance of halal certainty because vegan formulations cannot be used as the sole basis for determining the halal status of a product. The vegan concept only emphasizes the absence of animal-derived ingredients, whereas halal encompasses the assessment of ingredients, production processes, facilities, production equipment, and the halal assurance system as a whole. The use of vegan formulations in products also has the potential to create confusion among the public, particularly Muslim consumers, who may assume that vegan products are automatically halal. Based on the findings, increased transparency of product information and the acceleration of halal certification for cosmetic and bath and body products are necessary to provide legal certainty, consumer protection, and a sense of security for Muslim consumers in using vegan cosmetic products in Indonesia.
Co-Authors Agus Prihartono PS Annisa Fazriani Annisa Ramadhani Utami Jarkasi Anwar Khansa Nailah Ramadhini Muchamad Iksan Suryana Sariyah