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Legal Review of Producers' Liability for Trademarks Incompatible with Product Advertisements in the Perspective of Consumer Protection Law Arifin, Alfredo Juniotama; Aulia, Riska; April, Jerica; Saly, Jeane Neltje
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.828

Abstract

People's lives in the digitalization era are heavily influenced by online activities. This online activity reflects cultural changes and digital transformation that is happening in society. The internet has become an integral part of everyday life, facilitating convenience, global connectedness and greater accessibility in various aspects of our lives. Advances in technology and the development of the internet have changed the way we interact, work, shop, communicate and access information. Online shopping has become very popular in recent years. Consumers only need to use gadgets to find the items they need, therefore it is not uncommon for manufacturers to create attractive advertisements to market their products in e-commerce. However, behind these attractive advertisements, there are not a few manufacturers who advertise their products excessively and do not match the trademarks they market, so that consumers are deceived by these attractive advertisements. This research involves collecting data through searching and analyzing literature such as journal articles, books and other resources relevant to the research topic through academic databases and digital libraries. The results of the study show that business actors must be responsible for the advertisements they create if they are not in accordance with the trademarks they market.
Perubahan Putusan Lepas Menjadi Putusan Pemidanaan oleh Judex Juris Terhadap Putusan Tingkat Pertama Arifin, Alfredo Juniotama; Adhari, Ade
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1389

Abstract

This study aims to examine the Supreme Court decision number 2113 K/Pid.Sus/2023 related to the money laundering case of Indosurya Cipta Savings and Loan Cooperative for the defendant Henry Surya. In the Supreme Court decision, the judex juris overturned the decision of the district court that released the defendant from all charges. West Jakarta District Court Decision Number 779/Pid.B/2022/PN Jkt.Brt stated that the charges were proven, but the alleged actions could not be categorized as a criminal offense. The Panel of Judges erred in handing down a decision, after which the Public Prosecutor filed a cassation appeal on the grounds that the Judex Facti did not apply the law correctly and properly. This research uses a normative legal research method with a case approach as the main approach to explore and analyze relevant legal aspects. This approach allows researchers to understand and assess legal norms related to the case under study. Based on the results of the research, it shows that the basis for filing a cassation by the Public Prosecutor related to the money laundering crime case is that the judex facti did not apply the law correctly in accordance with the provisions of Article 253 of the Criminal Procedure Code. This case involves the overturning of the sentence by the judex juris because the judex facti is considered to have erred in the implementation of the law by ignoring the legal facts revealed in the trial process due to the lack of conformity between the facts and the evidence.