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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI
Rony Andre Christian Naldo
Universitas Simalungun, Pematangsiantar, Indonesia
Law, Crime, Criminology & Criminal Justice

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LEGAL CERTAINTY TERM OF PROTECTION TRADEMARKS FOR SME AND IKM ACTORS Muldri Pudamo James Pasaribu; Rony Andre Christian Naldo; Anggiat Sinurat
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3179

Abstract

The practice of SMEs and IKM which are the most developed business units in Indonesia. Regarding its development, in order to create legal certainty and obtain legal protection, every SME and IKM actor should register their trademark. For applications for registration of trademarks that are accepted, SMEs and IKM actors obtain rights to trademarks, which furthermore the Menkumham via DGIP issues trademark certificates, the official excerpt of which can be obtained by SMEs and IKM actors through filing an application by paying an official fee. This study discusses the registration of trademarks by SME and IKM business actors and/or their proxies in order to create legal certainty and obtain legal protection. In this regard, this study uses the Theory of Legal Certainty, focused on examining legal certainty regarding the term of trademark protection for SMEs and IKM actors. This research is a type of normative research. The method used in this study is a normative juridical research method. This research is a prescriptive analysis, using various types of data in legal research related to national and regional economic growth. The results of the study conclude that legal certainty for trademark legal protection for SMEs and IKM actors is 10 (ten) years from the date of receipt, and can be extended for 10 (ten) years. In Law Number 20 of 2016, there is no legal certainty regarding the application for further extension by SMEs and IKM actors who own trademarks and/or their proxies in order to obtain trademark legal protection. Tariffs related to the registration or extension of trademarks have been determined by the Government in Government Regulation Number 28 of 2019.
CORPORATE CRIMINAL LIABILITY CAUSED BY TENDER CONSPIRACY FOR GOODS/SERVICE PROCUREMENT THAT LEADS TO CORRUPTION Ahmad Feri Tanjung; Ronald Hasudungan Sianturi; Rony Andre Christian Naldo
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6547

Abstract

Tender conspiracy in goods/services procurement activities is prohibited. The legal fact is that in the procurement of goods/ services activities, there was a tender conspiracy which resulted in a criminal act of corruption. This research discusses tender conspiracies by corporations in goods/services procurement activities that lead to corruption. In this regard, this research is focused on examining corporate criminal liability due to tender conspiracies in goods/services procurement activities, which lead to criminal acts of corruption. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach, concept approach and case approach. The type of data used is secondary data. The results of the research concluded that corporate criminal liability due to a tender conspiracy in the procurement of goods/services, which resulted in a criminal act of corruption, is that the corporation is subject to criminal liability with sanctions in the form of paying criminal fines, paying replacement money, and revoking the right to participate in government project auctions for 6 (six) months.Key Words: Corporations, Conspiracies, Corruption.
LIABILITY OF EMPLOYEES CORRUPTION ERADICATION COMMISSION CAUSE EMBEZZLEMENT OF EVIDENCE Ronald Hasudungan Sianturi; Ahmad Feri Tanjung; Rony Andre Christian Naldo
Jurnal Ilmiah Advokasi Vol 12, No 4 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i4.6359

Abstract

In carrying out law enforcement against suspected perpetrators of criminal acts of corruption, the CEC has the right to confiscate evidence. Regarding the evidence that has been confiscated, it is hoped that CEC employees will carry out their dutys to store the evidence. The legal fact is that one of the CEC employees embezzled evidence. This research discusses the duty of CEC employees to store confiscated evidence. In this regard, this research is focused on examining the liability of individual CEC employees for embezzling evidence. This research is prescriptive analytical in nature, using normative juridical methods, using a statutory approach, concept approach and case approach. The type of data used is secondary data. The results of the research concluded that according to the code of ethics, the responsibility of individual CEC employees for embezzling evidence is dishonorable dismissal. In terms of Criminal Law, the liability of individual CEC employees for embezzling evidence can be subject to a basic crime with a maximum threat based on the provisions of Article 374 of the Criminal Code, which is accompanied by additional penalties.Key Words: Employees, Embezzlement, Evidence.
Co-Authors Ahmad Feri Tanjung Anggiat Sinurat Muldri Pudamo James Pasaribu Sianturi, Ronald Hasudungan