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All Journal WAJAH HUKUM Rechtsvinding Jurnal Asosiasi Pengajar Hukum Tata Negara Hukum Administrasi Negara
Putra, Rifqi Pratama
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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
The Crossroad of Notary Organizations in Indonesia: Is There Any Government Guidance and Supervision? Rahmi, Elita; Amir, Diana; Nehemia Toscany, Afrizal; Inayah, Rts. Fanny; Pratama Putra, Rifqi
APHTN-HAN Vol 5 No 1 (2026): JAPHTN-HAN, January 2026
Publisher : Asosiasi Pengajar Hukum Tata Negara dan Hukum Administrasi Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55292/japhtnhan.v5i1.207

Abstract

This study addresses the crossroads facing notary organizations in Indonesia and emphasizes the need for the government to anticipate this situation in order to preserve the role of notaries as public officials and holders of a noble legal profession, as well as their function as makers of authentic deeds. The study critically examines the extent of governmental decisiveness regarding the division of notary organizations, which has emerged as both a challenge and a potential opportunity, particularly in the debate between a single-bar and a multi-bar organizational model. This issue is significant given that notaries are public officials whose guidance and supervision are closely linked to the government through delegated authority exercised by the National Supervisory Council (Majelis Pengawas Notaris) and professional notary organizations. This research employs a normative juridical method, incorporating historical, conceptual, legislative, and comparative approaches, including comparisons with other professional legal organizations. The analysis is conducted through legal reasoning aimed at realizing the fundamental objectives of law, namely order, legal certainty, and societal welfare. The study finds that the division of notary organizations in Indonesia may generate both internal and external impacts. Internally, such division creates disharmony among notaries and undermines professional solidarity, thereby disrupting the effectiveness of routine supervisory mechanisms, including annual notarial examinations. Externally, organizational fragmentation risks producing deeper institutional divisions, as observed in other legal professions, which may weaken ethical enforcement mechanisms, erode adherence to the notarial code of ethics, and ultimately diminish the dignity of the notarial profession as a public office entrusted with public responsibility. This study concludes that maintaining a unified notary organization under a single-bar model is essential to safeguarding professional integrity, strengthening supervision, and enhancing the institutional credibility and public trust in the notarial profession in Indonesia.
Co-Authors Afrizal Nehemia Toscany Akbar, M. Aidil Amir, Diana Dwi Suryahartati Elita Rahmi Ritonga, Wildan Ambron Rts. Fanny Inayah Sunarti, Zeni