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All Journal Jurnal Penegakan Hukum dan Keadilan Uti Possidetis: Journal of International Law
Sybelle, Jan Alizea
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Law, Crime, Criminology & Criminal Justice

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Pertanggung Jawaban Hukum Pihak Ekspedisi Pengiriman Terhadap Barang Hilang atau Rusak Prasetyo, Edy; Budiono, Arief; Sybelle, Jan Alizea
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.18825

Abstract

There are no clear provisions in the regulations that regulate the extent to which the delivery service is responsible for losses suffered by consumers for goods sent that are damaged or lost and the uncertainty of the obligations and fines imposed by the delivery service when it does not fulfill the promise of timely delivery becomes separate problem for consumers. This study aims to determine the accountability and efforts that can be made by consumers in the case of lost or damaged goods at PT. Tri Adi Together (Anteraja). This research is a normative juridical research using deductive thinking method. Data collection techniques were carried out by interviewing and library documents. This study uses a qualitative approach in analyzing the data that has been obtained: The results show (1) there are two forms of responsibility that have been carried out by PT. Tri Adi Bersama (Anteraja) in the case of lost or damaged goods, namely providing compensation to the owner of the goods and being responsible for unlawful acts committed by its employees. (2) There are efforts that can be made by consumers to demand the responsibility of PT. Tri Adi Bersama (Anteraja) for objects sent in the event of a loss, including efforts to pass the Consumer Dispute Settlement Agency (BPSK) with arbitration, conciliation and mediation as efforts made outside of court as well as filing lawsuits, examinations and verification as efforts through legal channels.
Navigating Territoriality and International Harmonisation: A Comparative Study of Bank Trademark Protection Across Jurisdiction under the TRIPS Agreement Gorda, Anak Agung Ayu Ngurah Sri Rahayu; Kurniawan, I Gede Agus; Samsithawrati, Putu Aras; Disantara, Fradhana Putra; Kapanadze, Maia; Sybelle, Jan Alizea
Uti Possidetis: Journal of International Law Vol 7 No 3 (2026): Oktober (In Progress)
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v7i3.54372

Abstract

Background: The globalization of financial services and the rapid expansion digital banking have intensified trademark disputes in the banking sector. This development challenges the territoriality principle of trademark law, as banking brands increasingly operate across jurisdictions without maintaining a physical presence. Although international instruments, including TRIPS, the Paris Convention, and the Madrid Protocol, establish a harmonised framework for trademark protection, enforcement remains fragmented owing to national sovereignty and the coexistence of sector-specific banking regulation. Methodology: This study adopts a normative legal research methodology employing both a functional comparative approach alongside a conceptual approach. It examines the legal frameworks governing banking trademark protection in Indonesia, South Africa, and Georgia, each representing a distinct institutional and regulatory context. Primary legislation and international legal instruments are analysed qualitatively through deductive legal reasoning and cross-jurisdictional functional comparative analysis. Objectives: This research aims to examine the regulatory framework and enforcement mechanisms of banking trademark protection in the three countries and assess their consistency with the international trademark standards. It further seeks to formulate an integrated regulatory framework capable of balancing territorial sovereignty with international legal harmonisation.  Findings: The findings indicate that all three countries have formally complied with international intellectual property instruments, significant institutional fragmentation and inadequate coordination between trademark authorities and banking regulators persist, particularly in relation to digital financial services. These shortcomings undermine the effectiveness of trademark protection and regulatory enforcement. Originality/Novelty: This research proposes an integrated model for banking trademark protection that incorporates a dual-gate verification system and digital brand monitoring as a preventive regulatory mechanism.
Co-Authors Anak Agung Ayu Ngurah Sri Rahayu Gorda Arief Budiono Disantara, Fradhana Putra Edy Prasetyo I Gede Agus Kurniawan Kapanadze, Maia Putu Aras Samsithawrati