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All Journal Ensiklopedia of Journal Tribuere
Artati, Sri Untari Indah
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Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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KAJIAN REGULASI PEMBENTUKAN BANK TANAH Artati, Sri Untari Indah
Ensiklopedia of Journal Vol 6, No 2 (2024): Vol. 6 No. 2 Edisi 2 Januari 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i2.2230

Abstract

The Land Bank is a special agency (sui generis), an Indonesian legal entity established by the central government and given special authority to oversee land (Article 1 of Law No. 64 of 2021). The concept of a land bank is basically to collect land, especially abandoned land and land directly controlled by the state that has not been utilized, then develop, collect, and give back in accordance with the land use plan. Land Banking also serves as a tool to manage land utilization and use to increase land productivity. By the Government it is intended for long-term use and implements a public land policy. The problems are 1) How is the regulation and concept of Land Bank establishment in Indonesia and 2) How is the use of land that has been collected by the land bank. By using normative research methods, the author aims to discuss these issues. This study concludes that as stated in the mandate of the Preamble and Article 33 of the 1945 Constitution, the establishment of a land bank is the responsibility of the state to create welfare and prosperity for all Indonesian people, and the collected land is used for fundamental purposes for the community and public interest. The author's suggestion is that a detailed regulation be made on the use of land from the land bank and emphasize on several fundamental interests.  Keywords: Land Bank; Regulation; Land Use
TINJAUAN TERHADAP PENGGUNAAN ASAS FIRST-TO-FILE DAN PRINSIP RELATIVE GROUND FOR REFUSAL OF REGISTRATION BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Fadillah, Moch Iqbal; Artati, Sri Untari Indah
Tribuere Vol. 2 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/

Abstract

In the practice of trademark registration in Indonesia, disputes frequently arise between trademark owners and the Trademark Appeal Board. These disputes typically occur when a trademark application is rejected due to its similarity to an already registered trademark. This study focuses on the application of the First-to-File principle the Relative Grounds for Refusal of Registration within the Indonesian trademark registration system. It aims to evaluate whether the considerations made by the Substantive Examiner in deciding trademark registration cases are in line with the principle of relative grounds for refusal of registration, as stipulated in Law No. 20 of 2016 on Trademarks and Geographical Indications.The research methodology employed is a normative juridical approach with a descriptive nature. The study relies on secondary data obtained through a literature review, which is then analyzed qualitatively. The conclusions are drawn deductively based on an analysis of the applicable laws and regulations. The findings of this research indicate that the application of the First-to-File principle and relative grounds for refusal of registration in the decisions made by the Substantive Examiner is consistent with the provisions set forth in Articles 3 and 21 of Law Number 20 of 2016. However, the study also highlights challenges in the application of these principles, which may affect the transparency and objectivity of the decisions made by the Trademark Examiner.
Co-Authors Fadillah, Moch Iqbal