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All Journal Eduvest - Journal of Universal Studies Media Hukum Indonesia (MHI)
Rabbani, Radiyya Alvaro Achmad
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Aerospace Engineering Computer Science & IT Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences

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Analisis Penipuan Online Melalui Media Sosial Dalam Perspektif Kriminologi M, Mulyadi; Nurdin, Aulia Anjani; Anjani, Axara Alejendra; Alamsyah, Fiqih Dien; Sifana, Firdha; Yudistio, Muhammad Albar; Maulana, Muhammad Kareem; Rabbani, Radiyya Alvaro Achmad
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11183088

Abstract

Conventional fraud is regulated in detail in the Criminal Code along with its penalties. However, in modern times, the act of fraud has developed from being conventional to being carried out using technology or commonly referred to as online. The research method used in this research is the normative juridical method. The results of this study state that there are many concrete forms of online fraud that occur through various social media platforms or online shopping media, such as phishing, scamming, and social engineering. The criminal offence of online fraud is regulated in Law No. 19 of 2016 on the amendment of Law No. 11 of 2008 on Electronic Information and Transactions. Specifically contained in Article 28 paragraph (1) of the ITE Law which regulates the provisions of fraud by providing false information in electronic media, so that anyone who violates it has committed a criminal offence of fraud. The criminal provisions can be seen in Article 45A paragraph (1) of the ITE Law, which is a maximum imprisonment of (6) six years and/or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah). Efforts to prevent online fraud, namely the need to increase and improve the professionalism and integrity of law enforcement officials in handling cases of online fraud crimes that are rampant in the community. This is done so that there is legal certainty and guaranteed protection for the community.
Optimizing the Role of DJKI in Preventing Trademark Disputes in Indonesia (A Comparative Study Between Indonesia and the United States) Rabbani, Radiyya Alvaro Achmad; Wahyuni, Ridha
Eduvest - Journal of Universal Studies Vol. 5 No. 12 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i12.52501

Abstract

A trademark constitutes an essential component of intellectual property rights, serving as the identity and distinguishing mark of products or services in commercial activities. Indonesia's trademark registration system follows the first to file principle under Law Number 20 of 2016 concerning Trademarks and Geographical Indications. However, this system remains vulnerable to abuse by parties acting in bad faith, as evidenced in the LOPSTER vs. LOBSTER case (Medan Commercial Court Decision Number 1/Pdt.Sus-HKI/Brand/2025), where a trademark registered in bad faith successfully passed the administrative examination at the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual, DJKI). DJKI possesses limited authority to reject trademark applications based on bad faith elements, resulting in trademark cancellations being processed exclusively through Commercial Court litigation. This study employs normative juridical research with statute and comparative approaches to analyze DJKI's role in the trademark registration process and compare it with the United States Patent and Trademark Office (USPTO) system, which operates under the first to use principle requiring evidence of actual trademark use in commerce. The comparative analysis reveals that the USPTO's verification mechanism for actual use effectively prevents speculative registrations and bad faith applications. The findings demonstrate that optimizing DJKI's role requires implementing a hybrid approach that maintains the first-to-file structure while integrating actual use verification mechanisms, thereby enhancing preventive functions and reducing trademark disputes that reached over 156,860 cases during 2021–2025. This research contributes practical recommendations for strengthening DJKI's examination procedures and policy formulation to provide more effective legal protection for business actors
Co-Authors Alamsyah, Fiqih Dien Anjani, Axara Alejendra Maulana, Muhammad Kareem Mulyadi M, Mulyadi Nurdin, Aulia Anjani Ridha Wahyuni, Ridha Sifana, Firdha Yudistio, Muhammad Albar