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All Journal JURNAL CENDEKIA HUKUM Media Hukum Indonesia (MHI)
Arifin, Azzahra
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Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Bagi Konsumen Kesehatan Yang Mengalami Malapraktik Saragih, Alexandra Exelsia; Arifin, Azzahra; Nalom, Hizkia; Azzahra, Nabila Adifia; Zalfa, Nabila
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12174170

Abstract

The main aim of this research is to find out what the law is for health consumers who experience malpractice and to find out what are the obstacles to the rights of health consumers who experience malpractice. This is very important to explain so that anyone knows about legal protection from malpractice cases and can find out the causes and effects of these cases. The research method used in this article is a normative legal research method which focuses on positive law inventory, legal principles and doctrine, legal discovery in cases in concreto, legal systematics, level of synchronization, legal comparison and legal history. The conclusion of this research is that in terms of proving malpractice, consumers must be able to prove that the injuries experienced by consumers/patients are the result of violations committed by health workers.
THE PRINCIPLE OF ACCURACY IN FAMOUS TRADEMARK REGISTRATION: AN ANALYSIS OF COURT RULING NUMBER 36/PDT.SUS-MEREK/2024/PN.NIAGA.JKT.PST Arifin, Azzahra; Joesoef, Iwan Erar
JCH (Jurnal Cendekia Hukum) Vol 10, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1078

Abstract

The trademark registration system in Indonesia, namely First to File, is often misused by unscrupulous individuals to register trademarks similar to well-known brands. This study aims to analyze and address issues related to trademark registration in Indonesia, including the First to the File system in trademark registration, primarily based on the “Jollibee vs Jollybe” trademark dispute, by integrating the use of one of the General Principles of Good Governance (AUPB), namely the principle of accuracy. Implementing AUPB can reduce the potential for conflicts and trademark disputes in the future. This study uses a statute approach by prioritizing primary and secondary data sources collected through literature research and uses qualitative descriptive analysis techniques. The results of this study indicate that the First to File system in trademark registration in Indonesia only provides legal protection after the Trademark is registered. Therefore, applying the Principle of Care in AUPB as a guideline in the trademark registration process is essential. However, suppose there is an error made by the trademark examiner when registering a trademark. In that case, it can be accounted for by creating a report addressed to the Indonesian Ombudsman to obtain mediation, consolidation, or adjudication.
Co-Authors Azzahra, Nabila Adifia Iwan Erar Joesoef Nalom, Hizkia Saragih, Alexandra Exelsia Zalfa, Nabila