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EFFECTIVENESS OF LAW ENFORCEMENT ON COLLECTING PUBLIC FUNDS ILLEGALLY USING INVESTMENT MODE Fadhlilla Putri Ghaisani; DEborah Cecilia; Amanda Fidella Tryxie; Alisya Ivanna Insyira; Deborah Sondang R; Jessica Natanael. S; Adil Dwi Laksono
Journal Social Sciences and Humanioran Review Vol. 1 No. 04 (2024): JULY
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jsshr.v1i04.79

Abstract

Investment is all forms of investment activities, both by Domestic Investors and Foreign Investors, to conduct business in all sectors of the business sector in the territory of the Republic of Indonesia. This research aims to find out the law enforcement tekait the existence of funds collection in the community illegally with investment mode one of them Bodong Investment Rp. 1.3 T PT. Exist Assetindo. The existence of this bodong investment (illegal) has been troubling the wider community. This research uses descriptive qualitative research method is in the form of research with case study method or approach. The consequences of this illegal investment can lead to bodong or fictitious investments. With the activities of fund raising conducted by Limited Liability Companies, in addition to contrary to the provisions that have been regulated, it also hinders the existence of banking institutions. Given that the OJK has not provided regulations that specifically regulate the sanctions set for companies that collect funds illegally, the most basic legal policy applied is article 46 of Law No. 10 of 1998 on Banking.
LEGAL PROTECTION AGAINST USE RIGHTS TO COUNTERFEIT REGISTERED TRADEMARKS Adil Dwi Laksono; Satino
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 5 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i5.3351

Abstract

This study analyzes legal protection against the use of counterfeit trademark rights based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Using a normative legal research method with a doctrinal juridical approach, the study analyzes primary and secondary legal materials related to trademark protection. The study results indicate that the legal protection framework includes preventive aspects through the trademark registration system and repressive aspects through civil lawsuit mechanisms, criminal sanctions, and alternative dispute resolution. Registered trademark owners are protected by exclusive rights that prevent the use of the trademark by other parties without permission, with criminal sanctions of up to 10 years in prison and a fine of IDR 5 billion for violators. Although the regulation is comprehensive, its implementation still faces significant challenges, especially related to the characteristics of complaint offenses that require reports from trademark owners as a prerequisite for law enforcement. Data on Indonesia's economic losses due to trademark counterfeiting, reaching IDR 291 trillion in 2020, indicates that the effectiveness of law enforcement is not yet optimal. The main challenges include the low legal awareness of business actors in registering trademarks, the complexity of proving violations in the digital realm, and the limited capacity of law enforcement officers to deal with increasingly sophisticated counterfeiting methods. This study concludes that a holistic strategy is needed to increase the effectiveness of brand protection, including intensive socialization, reform of complaint offense policies, simplification of registration procedures, strengthening of investigative capacity, and development of technology for early detection of violations.