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Analisis Penegakan Hukum terhadap Pelanggaran Hak Desain Industri (Studi Kasus Pelanggaran Desain Industri Eco Bottle) Novia, Elsa Ari; Kristoffel, Chesario Own; Adillah, Alya Sophia; Prayoga, Ananta Dwi; Antoni, Herli
Lex Journal: Kajian Hukum & Keadilan Vol 7 No 1 (2023): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v7i1.6382

Abstract

Similarity in bottle designs between various companies is one of the new issues that has emerged as the eco-bottle sector in Indonesia has grown. Inadequate legal protection has been provided to the owners of the eco-botol industrial design, which ought to be fiercely safeguarded, and there are no legislation that specifically address design imitation and false representation. This essay employs a comparative approach; specifically, the author contrasts Indonesia's industrial design rights laws with those in the United States, which have proven effective in protecting industrial design rights holders. Because of the importance of this comparison, industrial design rights holders should consider it before Indonesia's industrial design rights laws are finalized.
Akibat Hukum Perjanjian Pinjam Nama Atas Kepemilikan Tanah WNA dalam Perspektif Hukum Perdata Internasional Clara, Anggi Dwita; Novia, Elsa Ari; Astuti, Retno Dwi; Hotimah, Husnul; Buana, Vaddeli Bagas; Wijaya, Mustika Mega
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 6 (2024): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10523179

Abstract

Based on article 21 of the Basic Agrarian Law which states that only Indonesian citizens can be given permission to own land in Indonesian territory. This normative analytical descriptive juridical research describes an examination of the legal certainty of the Nominee Agreement regarding the legitimacy of the transfer of property rights in accordance with national laws and regulations. The large number of mobilization activities of foreigners in Indonesia, especially in tourist areas, has made many foreigners decide to settle in Indonesia. Due to the large number of foreigners living in Indonesia, legal violations occur. One of them is legal smuggling of name loan agreements which are based on the theory of legal certainty, agreement theory and share ownership theory which are invalid and do not meet the objective requirements in BW. The juridical impact of this name-borrowing agreement is that it creates defects both legally and in terms of the legality of the agreement, thereby facilitating disagreements about who owns the land which will give rise to legal uncertainty and disputes in the future. If one of the parties defaults, there will be no legal consequences in the form of sanctions against the violator because the agreement that is the basis of the agreement violates statutory regulations and violates the law.
Pengaruh Bullying Yang Mengakibatkan Tindak Pidana oleh Anak di Bawah Umur di Indonesia (Studi Kasus Ditinjau Berdasarkan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak) Sitinjak, Anggi Dwita Clara Afrilia; Astuti, Retno Dwi; Novia, Elsa Ari; Kristoffel, Chesario Own; Rahmandika, Surya Afif; Febrianty, Yenny
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 6 (2024): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10492607

Abstract

Bullying is the act of attacking someone who is considered to have power or power to parties weaker than him. This act of bullying can be in the form of verbal assault or physical assault, and can be in the form of sexual harassment. This study aims to provide knowledge that bullying can be the cause of a minor perpetrator becoming a child offender. This normative analytical descriptive juridical research describes the examination of legal certainty about criminal acts by minors. Children's ability to think maturely is still limited, so they remain vulnerable to the potential to be subjects both as victims and perpetrators of criminal acts. Restorative justice is an alternative to solving problems such as bullying in the juvenile justice system to provide opportunities for children through coaching.