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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) KOLABORASI: Journal of Multidisciplinary
Muhammad Fadly Nasution
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ANALYSIS OF LEGAL STATUS, LEGAL PROTECTION OF MARKS THAT HAVE BEEN REGISTERED (STUDY OF DECISION NUMBER 03/PDT.SUS-MEREK/2015/PN NIAGA MEDAN) Lenny Mutiara Ambarita; Van Lodewijk Purba; Muhammad Fadly Nasution
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 2 No. 6 (2022): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v2i6.712

Abstract

The purpose of this study is to analyze the legal position and legal protection of trademarks that have been registered (Study of Decision Number 03/Pdt.Sus-MEREK/2015/PN Niaga Medan). The type of research used in writing this thesis is normative juridical research. Normative juridical research, "is a research conducted by examining literature or secondary data such as laws and regulations, legal theory, and opinions of leading legal scholars". The data used as material for the analysis of this thesis research is secondary data, namely the data in this study consists of primary legal materials, secondary legal materials and tertiary legal materials. The analysis was carried out by means of qualitative analysis, namely an analysis that uses normative (juridical) aspects through a method that is descriptive in nature, an analysis that describes an overview of the legal materials obtained and links them to one another to obtain a general conclusion. The results of the study show that in a constitutive system, the legal protection of trademark rights is based on the registration of a mark (first to file system). Whoever registers a mark for the first time and is accepted, the applicant has the most right to a mark because registration creates rights to a mark, so that a mark is protected by law, the mark must be registered by the owner. In addition, it is also necessary to pay attention to the reputation of a well-known brand that is obtained due to vigorous and large-scale promotions, investment in several countries in the world made by the owner and accompanied by proof of registration of the mark in several countries. The law in Indonesia does not protect the first mark user, but the law protects the first mark registrant. Mark Registration is a must in order to obtain rights to a mark. Without registration, the state will not grant trademark rights to brand owners.
Criminal Responsibility for Perpetrators of Destruction of Rupiah Banknotes in the Perspective of Law Number 7 of 2011 concerning Currency Van Lodewijk Purba; Muhammad Fadly Nasution; Desy Kartika C. Sitepu; Audi Katalino
KOLABORASI: Journal of Multidisciplinary Vol. 2 No. 1 (2025): February
Publisher : Academic Solution Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70489/dvjfw297

Abstract

As an independent and sovereign country, the Unitary State of the Republic of Indonesia has a symbol of sovereignty that must be respected by all its people, one of which is the Rupiah currency, which is often damaged, especially small denominations and is often carried out by minors, thus giving rise to problems that require a more in-depth study of the legal regulations related to the damage to banknotes, forms of damage according to Law Number 7 of 2011 concerning Currency, and criminal liability for the perpetrators of these acts, which in this study were analyzed using library research methods through various sources, both printed and electronic, so that it was concluded that the regulations regarding the damage to banknotes have been regulated in laws and regulations that provide the threat of sanctions in the form of imprisonment or fines in accordance with applicable laws, where the form of damage to banknotes according to Law Number 7 of 2011 includes changes in the original physical shape or size such as burning, making holes, tearing, cutting, destroying, and changing the value of the Rupiah with the intention of degrading the country's currency, and that criminal liability for perpetrators of damage to Rupiah banknotes still refers to the provisions of the applicable laws in The Unitary State of the Republic of Indonesia
Co-Authors Audi Katalino Desy Kartika C. Sitepu Lenny Mutiara Ambarita Van Lodewijk Purba