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All Journal Dinamika Hukum Indonesian Journal of Law and Economics Review
Heng, Richard Jemiel
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Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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KAJIAN TENTANG KASUS SENGKETA MEREK GS DENGAN MEREK GSJ BERDASARKAN HUKUM POSITIF DI INDONESIA Heng, Richard Jemiel; Anasthasia, Trinity
Jurnal Ilmiah Dinamika Hukum Vol 25 No 2 (2024): Edisi Oktober 2024
Publisher : Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v25i2.9365

Abstract

Trademark dispute cases often occur in Indonesia, such as what happened in the trademark dispute case between PT. Yuasa with PT. Golden Surya Jaya in Indonesia. PT. Yuasa holds the GS trademark, while PT. Golden Surya Jaya has a similar trademark, GSJ. This brand conflict has led to legal disputes in Indonesia. where unscrupulous companies such as PT Golden Surya Jaya imitate the GS brand which has a high reputation, this indicates urgency for the need for protection and enforcement of trademark rights with the issuance of Law No. 20 of 2016. This research had a purpose to analyze and study cases of trademark disputes that occur in Indonesia in cases of disputes that occur in Indonesia and how positive law in Indonesia can protect trademark rights from these cases and what are the legal consequences and responsibilities involved. must be provided by product imitation actors to companies that are harmed in order to provide solutions to problem solving in cases of brand disputes. The researching method is a normative juridical research method by examining the theoretical approaches, concepts and statutory approaches by examining the statutory regulations concerned with this research.
Developers' Immunity Rights in Debt Payment Deferrals for Legal Certainty: Hak Imunitas Pengembang dalam Penundaan Kewajiban Pembayaran Utang untuk Kepastian Hukum Heng, Richard Jemiel; Adam, Richard C.
Indonesian Journal of Law and Economics Review Vol. 20 No. 4 (2025): November
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v20i4.1325

Abstract

General background: The property sector, as a key pillar of Indonesia’s national economy, frequently encounters complex legal disputes between developers and consumers, particularly regarding debt obligations. Specific background: The Debt Payment Obligation Deferral (PKPU) mechanism under Law No. 37 of 2004 is designed to ensure legal certainty in debt restructuring. However, the requirement of simple evidence often complicates its application in property-related disputes. The Supreme Court addressed this through Circular Letter (SEMA) No. 3 of 2023, which effectively excludes developers from PKPU eligibility. Knowledge gap: Despite this policy’s practical significance, limited research has analyzed its normative legality and procedural implications. Aims: This study examines the legal nature of developers’ procedural immunity and the juridical consequences of PKPU revocation at the cassation level. Results: Findings reveal that the immunity arises from judicial activism that transfers dispute resolution from commercial to general civil courts and that PKPU revocation has a retroactive effect (restitutio in integrum), nullifying all related settlements. Novelty: The research introduces a conceptualization of procedural immunity in insolvency law, reflecting judicial policy intervention beyond legislative text. Implications: The study underscores the urgency of legislative reform to define simple proof criteria and to establish adaptive dispute resolution mechanisms for the property sector. Highlights: Establishes procedural immunity for developers through SEMA No. 3 of 2023. Highlights retroactive legal effects of PKPU revocation by the Supreme Court. Urges legislative reform to clarify simple proof standards in insolvency law. Keywords: Immunity Rights, Developers, PKPU, Legal Certainty, Judicial Activism  
Co-Authors Adam, Richard C. Anasthasia, Trinity