Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal WAJAH HUKUM Rechtsvinding
Putra, Rifqi Pratama
Unknown Affiliation
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Pendaftaran Merek yang Memiliki Persamaan pada Pokoknya pada Kelas Berbeda dalam Perspektif Peraturan Perundang-Undangan Putra, Rifqi Pratama
Wajah Hukum Vol 8, No 2 (2024): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i2.1480

Abstract

Simply said, a brand is any kind of distinctive symbol or name used in commercial contexts. There is still some gray area in Indonesia's trademark recording rules when it comes to the idea of basically identical trademarks and how to register ones that are quite similar to others in various classifications. From a legislative standpoint, this study intends to explore the notion of fundamental similarities in brands and its restrictions. It will also evaluate the recording of substantially similar trademarks in various classes in Indonesia. Using the framework of UU No 20 of 2016 concerning Marks and Geographical Indications, the study approach employed is normative legal research, which looks at the recording of trademarks in various classes that are basically comparable. Because the idea of similarity in essence is subjective and open to different interpretations by different people, the study's findings reveal that trademark recording requirements are vague on the issue. Nevertheless, while looking at statutory requirements, it is possible to register marks that are essentially similar to existing marks under UU No. 20 of 2016, provided that the marks are in a separate class.
Reorienting the Economic Rights of Creators: A Constitutional Analysis of Copyright Licensing Post-Constitutional Court Decision No. 28/PUU-XXIII/2025 Putra, Rifqi Pratama; Suryahartati, Dwi; Sunarti, Zeni
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1346

Abstract

This research examines the implications of Constitutional Court Decision No. 28/PUU-XXIII/2025 on digital copyright licensing in Indonesia. The study addresses the anomaly where rapid creative industry growth fails to enhance creator welfare due to exploitative "direct licensing" mechanisms in Article 40 of Law No. 28 of 2014. This provision is deemed to violate constitutional property rights by allowing digital platforms to exploit works without explicit consent. Using normative legal research with statutory and conceptual approaches, the study analyzes primary and secondary legal materials. The results reveal that Decision No. 28/PUU-XXIII/2025 serves as a constitutional correction, prioritizing substantive justice over industrial efficiency. The ruling strengthens creators' bargaining positions, mandates transparency in royalty systems, and triggers a paradigm shift from efficiency-oriented to justice-oriented licensing. Practical implications include the mandatory renegotiation of licensing contracts, the integration of digital technologies like blockchain within the National Collective Management Organization (LMKN), and the realignment of global platform business models. Ultimately, this decision establishes a robust legal foundation to ensure equitable economic rights protection within Indonesia's digital ecosystem.
The Implications of Foreign Investment Limitations on 'The End Justifies the Means' Practices within the Indonesian Investment Sector Akbar, M. Aidil; Ritonga, Wildan Ambron; Putra, Rifqi Pratama
Rechtsvinding Vol. 3 No. 2 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1372

Abstract

This study aims to analyze the implications of Presidential Regulation (Perpres) Number 49 of 2021 on the emergence of "the end justifies the means" practices by foreign investors within joint venture companies in Indonesia. Although this regulation provides investment facilities to stimulate national economic growth, certain strategic sectors remain subject to foreign ownership restrictions. A primary issue arises when domestic investors face financial constraints in fulfilling the required majority shareholding portions. This condition leads to legal smuggling practices by foreign investors seeking full corporate control, notably through nominee shareholder mechanisms. This legal research highlights how the capital disparity between foreign and domestic investors triggers the use of trusteeship agreements or dummy corporations, which are strictly prohibited under Indonesian law. The findings suggest the necessity of strengthening legal frameworks and oversight to balance foreign investment interests with national economic sovereignty
Co-Authors Akbar, M. Aidil Dwi Suryahartati Ritonga, Wildan Ambron Sunarti, Zeni