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All Journal Unram Law Review LAWPASS
Arif Prasetyo, Muhammad
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Putusan Nomor 811 K/Pdt.Sus-Hki/2021 Tentang Sengketa Merek Yang Memiliki Persamaan Pada Pokoknya Arif Prasetyo, Muhammad; Rodiatun Adawiyah; Mahulae, Rivka Natauli; Masniar Nainggolan
Unram Law Review Vol 8 No 1 (2024): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v8i1.321

Abstract

Brand similarities are regulated in brand law which often occurs in various places, especially in Indonesia. Based on this research, these similarities are in the form of similar image elements, similar sounds, similar letters or words, names, numbers, colors, etc. in the form of an arrangement or combination of the arrangement of these elements, whether in the form of goods or services, whether dissimilar or similar and based on general public knowledge, the quality of the mark obtained due to holding very large promotions and followed by proof of registration of the mark itself in various country.This research aims to understand the types of brand violations that have fundamental similarities with other brands and to find out the sanctions that will be given to perpetrators who commit similarities with other brands. This research also aims to understand the legal consequences for perpetrators who use brands that have fundamental similarities with other brands. This study uses a normative or doctrinal method and uses a statute and conceptual approach. The study concluded that The Timberlake brand had violated the Brand Law, namely by having essential resembles with the Timberland brand, which includes pronunciations, product classification, and visual aspects. The judge’s verdict was that the Timberlake was guilty of Trademark violation and was obliged to compensate the plaintiff
Criminal Accountability of Perpetrators of Child Molestation Supreme Court Decision Number 1041/K/Pid.Sus/2020 Arif Prasetyo, Muhammad; Adawiyah, Rodiatun; Ramadhana, Widodo; Gokman Lumbantungkup, Hebri
LAW&PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 3 (2024): August
Publisher : PT. Multidisciplinary Press Indonesia

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Abstract

The crime of molestation is a form of crime against decency, where criminal acts and criminality can be committed by anyone, whether parents, adults, teenagers and children, either directly or indirectly. However, children are very vulnerable to physical or sexual violence because they are powerless creatures who depend on the people who are present in their lives to be able to keep them alive in the world safely. The purpose of this study is to find out how the criminal liability of perpetrators of child molestation and to find out how the legal considerations of judges in handling criminal cases in accordance with the Supreme Court Decision Number 1041 / K / Pid.Sus/2020. The author uses the Normative Legal research method with a Normative Juridical approach. The source of legal material used consists of primary legal material, secondary legal material, and tertiary legal material. In this study, the authors used data collection techniques in the form of literature studies (library search). Data analysis techniques use qualitative data analysis to find out and explore certain phenomena. In this study, the authors examined the Crime of Child Molestation under the age of the defendant Syarifuddin bin Alm, Tayat at the Level of Justice of the Seluma District Prosecutor's Office sentenced the perpetrator to imprisonment, fines and was proven guilty and convincing of the accused crime of molestation based on witness testimony, instructions, evidence, and defendant's statement.
Co-Authors Adawiyah, Rodiatun Gokman Lumbantungkup, Hebri Mahulae, Rivka Natauli Masniar Nainggolan Ramadhana, Widodo Rodiatun Adawiyah