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All Journal JURNAL ILMIAH LIVING LAW LEGAL BRIEF Journal of Legal and Cultural Analytics (JLCA) Indonesian Journal of Applied and Industrial Sciences (ESA) Jurnal Hukum dan Sosial Politik Journal of Contemporary Law Studies Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Soegiono, Samuel Putra
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Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Dispute Resolution Of "Supreme" Brand Rights: (Study of Review Decision Number 37 Pk/Pdt. Sus-Hki/2023) Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Rohman, Mohammad Syafi'ur; Tedjokusumo, Dave David; Siswanto, Carissa Amanda
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3246

Abstract

In an era of globalization that has a significant impact on industry and commerce, trademark rights disputes are a crucial issue that needs serious attention. One trademark rights dispute that has attracted attention is the case of "Supreme," which is the focus of this study by detailing the Review Decision Number 37 PK/PDT. SUS-HKI/2023. This dispute involves companies with the trademark "Supreme," and its resolution has an important impact on trademark law in Indonesia. This research aims to dig deeper into the resolution of trademark rights disputes through these case studies. Analysis of court decisions, judges' considerations, and the legal basis used will provide a more comprehensive understanding of the trademark dispute resolution mechanism in Indonesia. Through this search, it is expected to find significant contributions to the development of trademark rights regulations and dispute resolution at the national level. This research uses normative juridical method with statutes approach, conceptual approach and case approach. The result of this research is that the trademark dispute resolution process in Indonesia follows predetermined legal steps, starting from filing a lawsuit in the District Court, continuing with the cassation process in the Supreme Court, and can reach the review stage in the Supreme Court if necessary. This approach reflects Indonesia's seriousness in handling brand disputes fairly and efficiently. The study also emphasizes the importance of good faith in the trademark registration process.
Evidence of Suspicion in Civil Procedure Law: (Study analysis of the use of prejudice as a judge's consideration in decision NoMOR 10/PDT. G/2018/PN. END) Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Tedjokusumo, Dave David; Siswanto, Carissa Amanda
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11066

Abstract

This study aims to dig deeper into the role of prejudice in the civil law system in Indonesia, by focusing on its definition, types, and impact on judges' decisions. This study specifically discusses the use of suspicion in Decision Number 10/Pdt.G/2018/PN. End, as a case that marks the importance of the role of allegations in resolving civil law disputes. Using normative juridical methods, this study elaborates and examines allegations based on provisions in Burgerlijk Wetboek and HIR, as well as paying attention to secondary legal materials to enrich discussion and analysis of related judicial practices. The findings of this study confirm that the allegation not only acts as prima facie evidence but also reverses the burden of proof that must be borne by those who deny it. This is evidenced by an analysis of the role of allegations in the case that is the focus of the study, showing that the judge has the flexibility to formulate allegations from the facts proven at trial. However, the allegation must meet the criteria set out in Article 173 HIR and Article 1922 of the Civil Code to be considered valid and adequate as evidence.
Pertanggungjawaban Terhadap Perlindungan Konsumen atas Peredaran Emas Ilegal Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Indradewi, Astrid Athina
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3114

Abstract

Consumer protection law plays a crucial role in safeguarding the rights and interests of consumers in various sectors by ensuring fair trade practices, product safety, preventing fraud, and building trust between consumers and businesses. This research aims to analyse legal liability in the context of consumer protection against illegal gold circulation. This research uses a normative-dogmatic juridical research method. The results show that there is a significant violation of consumers' right to correct and accurate information, which affects their purchasing and investment decisions. The research suggests the need for greater transparency and the application of stricter sanctions to prevent similar incidents in the future. The theoretical implications of this research strengthen the understanding of the application of consumer protection law in real practice, while its practical implications emphasise the importance of industry compliance with legal standards to maintain consumer confidence and market integrity.
Penerapan Prinsip Tanggung Jawab dan Sanksi Pidana dalam Hukum Kesehatan terhadap Peredaran Kosmetik Ilegal Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Indradewi, Astrid Athina; Ginting, Yuni Priskila; Boong, Vicariya Retnowati
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1018

Abstract

This research aims to conduct a juridical analysis of cases of circulation of illegal cosmetic products. The method used is normative-dogmatic juridical research, which focuses on relevant legal doctrines and principles. The approach used is a conceptual approach and a statutory approach, with primary legal sources including the Health Law, BPOM Regulations, the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP). Secondary legal sources include journals, books, and other references that support the analysis. The results show that the distribution of illegal cosmetic products that do not meet safety and quality standards, as in the case of the defendant Megawati binti Rahmat alias Mega in verdict number 39/Pid.Sus/2020/PN Slr, is a serious violation of health law and consumer protection in Indonesia. Based on the principle of liability based on the element of fault, the defendant can be held legally responsible because it is proven that she distributed cosmetics without a distribution permit containing hazardous substances such as mercury. The Panel of Judges considered that the defendant's actions fulfilled the elements of unlawful acts in accordance with Article 1365 of the Civil Code and Article 196 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health. The implications of this research emphasize the importance of strict law enforcement and the application of the principle of responsibility to protect public health from dangerous cosmetic products.
The Paradox of Foreign Investment in Support Economic Sustainability After the Job Creation Law Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Siswanto, Carissa Amanda
LEGAL BRIEF Vol. 12 No. 4 (2023): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v12i4.881

Abstract

The Job Creation Law and the Job Creation Perpu have substantially the same objectives and arrangements with the aim of optimizing the investment ecosystem amid global economic pressures and supporting sustainable economic growth. Simplification of investment requirements is key in this regulation, intended to invite more investment to Indonesia. However, the implementation of this law has raised various views and controversies regarding its impact on economic sustainability after the Job Creation Law. This study is designed to evaluate the impact of foreign investment on economic sustainability, in line with the ideals and objectives contained in the Job Creation Law. This research uses normative juridical with a qualitative descriptive approach. The result of this study is that it is necessary to balance economic growth with legislative integrity and inclusivity in the process of formulating Foreign Direct Investment policies
Analysis of the Impact of Monopoly Practices in the Entertainment Sector Kartiko, Nafis Dwi; Soegiono, Samuel Putra
Indonesian Journal of Applied and Industrial Sciences (ESA) Vol. 3 No. 2 (2024): March 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/esa.v3i2.8405

Abstract

This study aims to investigate the practice of monopoly in the entertainment sector in Indonesia. Specifically, it focuses on the alleged conspiracy between venue owners and sound system equipment rental vendors. This study investigates the extent to which exclusive cooperation can be categorized as a monopoly according to Law No. 5/1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition, using the Normative-Dogmatic Juridical method. The text also mentions the prohibition of monopolistic practices and unfair business competition. The focus is on analyzing analysis of existing legal norms, through a deductive approach to identify violations of the law that occur without connecting directly with the social context of society. Research Results: The study indicates that conspiracies in the entertainment industry reflect monopolistic practices that violate legal norms. These practices eliminate market diversity, limit consumer choice, and result in uncompetitive prices and reduced service quality. These findings contribute to the competition law literature by providing a new interpretation of monopolistic practices at a smaller scale and in a more contextualized manner. They also offer input for stakeholders in designing effective regulations to prevent monopolization, support innovation, and protect consumers.
Analysis of the Copyright Dispute Decision Between Djanuar Ishak and PT. Elang Prima Retailindo: Study Of Commercial Court Decision Number 35/PDT.SUS-COPYRIGHT/2021/PN JKT.PUS Kartiko, Nafis Dwi; Soegiono, Samuel Putra
Journal of Legal and Cultural Analytics Vol. 3 No. 1 (2024): February 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i1.8335

Abstract

This research aims to analyze the legal aspects involved in copyright protection in Indonesia and provide recommendations for the improvement of copyright protection, particularly regarding copyright enforcement in the use of works for advertising purposes without permission. Using a normative-doctrinal juridical approach, this research investigates the legal framework governing copyright in Indonesia through a systematic analysis of relevant legislation, principles and rules of law. The research focuses on the internal assessment of Indonesian positive law by exploring the prevailing legal conceptions and principles, examining Case Number 35/Pdt.Sus-Copyright/2021/PN Jkt.Pst as the main case study. The results show the importance of the state in protecting intellectual property rights to maintain dignity and respect for individual works. This research is expected to enrich the intellectual property law literature and increase public awareness and understanding of the importance of asking permission to creators when using their works, as well as encourage the government and relevant institutions to take concrete steps to strengthen copyright protection.
Co-Authors Astrid Athina Indradewi Boong, Vicariya Retnowati Kartiko, Nafis Dwi Rohman, Mohammad Syafi'ur Siswanto, Carissa Amanda Tedjokusumo, Dave David Yuni Priskila Ginting