O.K. Saidin
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Aspek Hukum Tanggung Jawab Pihak Perantara Kepada Konsumen dalam E-Commerce Stella, Stella; Ginting, Budiman; O.K. Saidin; T.K.D. Azwar
Acta Law Journal Vol. 1 No. 1 (2022): December 2022
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v1i1.9829

Abstract

The activities of citizens and governments are increasingly through electronic system around the worlds. Improvement of information technology through electronic commerce has been implemented in Indonesia. Internet users in Indonesia in 2022 have reached around 210 million people who are related to the using of e-commerce. However, intermediaries as business actors still have weaknesses in conveying uncertain marketing information to their consumers. The research method used the prescriptive normative. The data analyzed the presumed liability of intermediaries to consumers in marketing information through e-commerce. This study explains the existence of e-commerce intermediaries who provide prices higher than the market price, the existence of e-commerce intermediaries who do not send the right goods that to be chosen by consumers, and e-commerce intermediaries aren’t provided clear confirmation to the seller for payments made by consumer. Legal liability is the main obligation of e-commerce intermediary, so it showed the development of technology and communication for the community. The presumed liability of the intermediary e-commerce in the application media to consumers, increasingly requires the validity of electronic contracts as transactions in e-commerce are carried out properly and legally communication continues to run smoothly to the seller so that the delivery of goods also has no errors from the seller to the consumer. The application of the concept of presumed liability that occur from application media or electronic systems is increasingly needed in Indonesia. Indonesia can also produce technology and communication developments, that enhanced the development of the national economy in society.
Analisis Yuridis Pengalihan Hak atas Merek Terdaftar berdasarkan Pewarisan (Studi Putusan No. 74/Pdt.Sus-HKI/Merek/2023/Pn Niaga Jkt.Pst) Hasibuan, Vinska Agitha; O.K. Saidin; Kamello, Tan
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1376

Abstract

The transfer of trademark rights through inheritance is a process of transferring inheritance from the testator to the heirs, which can lead to disputes if it does not comply with applicable legal provisions. This normative juridical research uses descriptive analytical methods through library studies to analyze the regulation of registered trademark rights transfer to heirs, legal protection for heirs, and judicial considerations in Court Decision No. 74/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst. The research results show that the transfer of trademark rights to heirs is regulated in Article 41 paragraph (1) of Law No. 20 of 2016 concerning Trademarks and Geographical Indications with legal protection that can be carried out preventively and repressively through litigation and non-litigation channels. In the specific case studied, the judge granted the cancellation of the trademark transfer agreement between Bujung Benjamin and Wina Sukamdhani due to proven signature forgery in the agreement made after the testator's death, demonstrating the importance of document authenticity verification in the process of trademark rights transfer through inheritance.