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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan
O.K. Isnainul
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Arts Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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TINJAUAN HUKUM BISNIS TERHADAP PERLINDUNGAN DESAIN INDUSTRI DALAM UNSUR KEBARUAN YANG TELAH TERDAFTAR Fitriyani Pakpahan, Elvira; O.K. Isnainul; Kesuma Wijaya, Emil
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 3 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i3.2634

Abstract

Industrial Design is a form of legal protection for the external appearance or visual form of a new product, which can be in the form of lines, patterns, colors, or a combination of these elements that give an aesthetic and functional impression to the product. This research discusses the limitations of the element of novelty in canceling registered industrial design rights. Law Number 31 of 2000 concerning Industrial Designs only states that an industrial design is considered new if at the date of application the design is not the same as a previously registered industrial design. The phrase "not the same" in Article 2 paragraph (2) of Law Number 31 of 2000 gives rise to multiple interpretations and creates legal uncertainty regarding the limits of the element of novelty. This research aims to analyze the business law perspective in analyzing potential conflicts or legal disputes related to the protection of registered industrial designs with a focus on the element of novelty. This research uses normative legal methods with a statutory approach and a case approach. The results of the study show that legal protection for industrial designs in Indonesia applies a constitutive system with a First To File registration system, but substantive examination of industrial design registration is only carried out if there are objections to the application. Elements of novelty that are not well understood or deliberately ignored can lead to potential legal disputes between the design owner and other parties who feel their design rights have been violated. Conflicts often arise if there is an allegation that a registered design does not meet the element of novelty or if there is a claim that the design previously existed. These disputes can result in the cancellation of registered industrial design rights.
Analysis of legal protection for victims of illegal investment of ponzi schemes Jestyn Hermawan; O.K. Isnainul; Elvira Fitriyani Pakpahan; Heriyanti
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 3 (2023): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i3.211

Abstract

Technological development connects the world and becomes the basis for digitalizing finance and boosting the economy. Investment is useful for protecting investors from inflation, planning for the future economy, increasing wealth, and providing convenience in emergency needs. This study aims to analyze legal protection, the problem, and the consequences of law enforcement toward corporations. This study used the library research method. This study used a normative juridical approach which means that the study concerns norms, legislation, and court decisions related to legal protection for victims of illegal investment. The result of the study showed that the court has provided legal protection but it has not been able to meet the aspect of justice. Indonesia faced some problems in enforcing the law and maximizing the function of government institutions. This is proven by the great power to deceive using current developments. Besides, the results reveal that the court gave punishment as the result of the law enforcement to the corporation such as company dissolution and compensation payment to the victim.
Co-Authors Edward Halim Elvira Fitriyani Pakpahan Heriyanti Jane febrision br. Manurung Jestyn Hermawan Kesuma Wijaya, Emil Muhammad Arif Prasetyo Rodiatun Adawiyah Tamarsa Adea Putri Br Sitepu