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All Journal Jurnal Review Pendidikan dan Pengajaran (JRPP) Madani Legal Review UNISKA LAW REVIEW KADARKUM: Jurnal Pengabdian Kepada Masyarakat Law Development Journal Jurnal Suara Pengabdian 45 Nomos : Jurnal Penelitian Ilmu Hukum Binamulia Hukum
Faisal Afda’u
Fakultas Hukum Universitas 17 Agustus 1945, Semarang
Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : UNISKA LAW REVIEW

 1 
The Legal Protection for Children Outside Registered Marriage Afda'u, Faisal
UNISKA LAW REVIEW Vol 5 No 2 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i2.6971

Abstract

This research is motivated by the social reality in Indonesia, where many children are born from unregistered marriages and consequently face legal discrimination in exercising their civil rights. The aim of this study is to analyze the provisions of Indonesia’s positive law regarding the status and protection of the rights of children born out of unregistered marriages, as well as to examine the legal implications of the Constitutional Court Decision Number 46/PUU-VIII/2010 in ensuring equal legal protection for children born out of wedlock. The method used is normative legal research with statutory and conceptual approaches. Data were collected through literature studies and analyzed descriptively and qualitatively to produce a comprehensive legal argument. The results show that Indonesia’s positive law regulates the civil status and rights of children born out of wedlock through various regulations, from the Civil Code to the Marriage Law. Initially, such children only had civil relations with their mother and the maternal family. The Civil Code differentiates between legitimate, illegitimate, and adulterine children, influencing inheritance rights. The Marriage Law affirms that only registered marriages are legally recognized, which causes children from unregistered marriages to be classified as born out of wedlock. However, Constitutional Court Decision No. 46/PUU-VIII/2010 broadened the rights of illegitimate children by allowing civil relationships with their biological father based on scientific evidence. This grants access to inheritance rights and legal identity. The principles of non-discrimination and child protection are also emphasized in the 1945 Constitution and the Child Protection Law. The state is obligated to guarantee justice for all children regardless of their birth status and to ensure the effective and equal implementation of these rights.
Legal Protection of Trademarks for MSME Products in Enhancing Business Competitiveness Afda'u, Faisal
UNISKA LAW REVIEW Vol 5 No 2 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i2.7963

Abstract

The purpose of this research is to identify and analyze Legal Protection of MSME Product Trademarks in Enhancing Business Competitiveness in the Market and to examine and analyze the Legal Dispute Resolution Mechanisms Related to Trademark Infringement of MSME Products, while the method applies a normative legal approach with library research, analyzing trademark protection of MSMEs through legislative and conceptual approaches based on relevant secondary data. The findings show that Law Number 20 of 2016 on Trademarks and Geographical Indications provides strong legal protection to registered trademark owners. Owners are granted exclusive rights for ten years and these rights can be extended under the applicable law. In the event of infringement, owners are authorized to file civil lawsuits through the available legal mechanisms, as regulated under Article 83. Such lawsuits may include compensation claims and requests to stop unauthorized use of the mark. Besides litigation in the Commercial Court, dispute resolution is also possible through alternative means such as mediation and arbitration, in order to accelerate settlement. Criminal aspects of trademark protection are regulated under Article 100, which imposes fines and imprisonment for proven violations. This law enforcement aims to create a deterrent effect and protect entrepreneurs from unlawful actions. Collaboration between the government, trademark owners, and business actors is crucial to encourage effective legal protection, enhance the competitiveness of MSME products, and maintain consumer trust in local products circulating in the market.
Normative Study of Violations of Consumer Rights in The Practice of Fuel Packaging: Perspective of Law No. 8 Year 1999 Wahyuni, Husnia Hilmi; Afda'u, Faisal; Ahmad, Ridho Sadillah
UNISKA LAW REVIEW Vol 5 No 2 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i2.7854

Abstract

This research aims to normatively examine the violations of consumer rights in the practice of fuel adulteration carried out by unscrupulous individuals within PT Pertamina Patra Niaga. This practice not only harms consumers economically and in terms of safety but also violates the statutory provisions that guarantee consumer protection. The method used is normative legal research with a statutory approach and literature review. The findings indicate that the practice of fuel adulteration constitutes a violation of Law Number 8 of 1999 concerning Consumer Protection, particularly the right to comfort, safety, and security in consuming goods and/or services. Furthermore, this action can also be classified as a criminal offense due to endangering public interests. Therefore, strict law enforcement and closer supervision of fuel distribution and processing are necessary to ensure the protection of consumer rights.
Co-Authors Ahmad, Ridho Sadillah Budi Prasetyo Febryan Alam Susatyo Ganis Vitayanty Noor Husnia Hilmi Wahyuni Indra Retnowati Latifah Hanim Masriani . Mukh Nursikin, Mukh Nisak, Durotun Ridho Pakina Ridho Sa’dillah Ahmad Saryana, Saryana Siti Ummu Adillah