Rodiatun Adawiyah
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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
ANALISIS YURIDIS TERHADAP PERBUATA N MELAWAN HUKUM OLEH PEMERINTAH DALAM PENERBITAN KEBIJAKAN PERDAGANGAN YANG BERDAMPAK PADA KERUGIAN INVESTASI KORPORASI ( STUDI Putusan No. 3091 K/Pdt/2025) Iren Margaretha Gurusinga; Rodiatun Adawiyah; Muhammad Arif Prasetyo
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 11 No. 02 (2026): Volume 11 No. 2, Juni 2026 Release
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v11i02.45320

Abstract

This study aims to analyze the qualification of unlawful acts by the government in issuing trade policies that result in corporate investment losses, as well as to examine the form of government legal liability and the considerations of the Supreme Court in Decision Number 3091 K/Pdt/2025. This research is a normative legal study employing statutory and case approaches. The results indicate that investment losses arising from government policies cannot automatically be classified as unlawful acts unless all elements stipulated in Article 1365 of the Indonesian Civil Code are fulfilled. In the decision, the Supreme Court considered that government policy constitutes a legitimate exercise of authority in protecting the public interest, and therefore does not meet the elements of unlawfulness and fault. Consequently, the government cannot be held civilly liable in the form of compensation. This study also shows that investment losses resulting from government policies are part of policy risk that must be anticipated by investors. Thus, legal protection for investment is not absolute, but must be balanced with the government’s authority in carrying out its regulatory functions. This research is expected to contribute to the development of law related to investment protection and government accountability in public policy.