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All Journal Research Horizon Lex Aeterna Law Journal
Thio, Ricky
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Arts Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Lex Injusta Non-Est Lex: Article 74 Trademark Law versus Constitutional Economic Democracy in Indonesia’s SME Protection Thio, Ricky; Azizah, Siti Nur; Wagiman; Yustanti, Dyah Ersita
Research Horizon Vol. 5 No. 5 (2025): Research Horizon - October 2025
Publisher : LifeSciFi

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Abstract

This research examines the structural contradiction between Article 74’s three-year trademark non-use cancellation provision in Law Number 20/2016 and the People-Based Economy principle of Article 33, 1945 Constitution. This capitalistic norm facilitated predatory litigation against vulnerable MSMEs, constituting philosophical lex injusta. Using normative juridical methodology with case and comparative law approaches, this study justifies arguments from the successful Constitutional Court petition. Constitutional Court Decision Number 144/PUU-XXI/2023 provides the judicial solution by extending non-use period to five years, resolving unconstitutionality. The study distinguishes Article 74’s objective non-use standard from Article 76’s subjective bad-faith element, establishing the former now prescribes constitutionally equitable timeframe. The five-year period aligns with SME business cycles for research, development, and market penetration, providing protection from premature cancellation threats. This judicial reform represents substantive constitutional justice, granting MSMEs legal certainty for intellectual asset development. The victory harmonizes Indonesia’s trademark law with People-Based Economy commitments. Primary recommendations include developing accessible evidentiary guidelines for trademark use documentation, particularly digital-based systems, and creating affordable platforms for SMEs to systematically document commercial activities, ensuring effective intellectual property defense within this equitable legal landscape.
Menggabungkan Tradisi dan Modernitas: Perbandingan Sistem Hukum dan Implikasi Pancasila Lauw, Wifina; Thio, Ricky
Lex Aeterna Law Journal Vol 1 No 1 (2023): Lex Aeterna Law Journal
Publisher : Lex Aeterna Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69780/lexaeternalawjournal.v1i1.9

Abstract

This research aims to analyze the relationship between various legal systems in the world and the values of Pancasila as Indonesia's fundamental principles. This research starts from the premise that a deep understanding of the differences and similarities between Civil Law and Common Law legal systems can provide new insights in applying Pancasila in a global context. The modern world requires states to accommodate various legal traditions while adapting to international practices. In Indonesia, the implementation of Pancasila values is often faced with the challenge of integration into a diverse global legal system. This phenomenon raises questions about how Pancasila can function in the context of a broad comparison of legal systems. This research aims to explore how the Civil Law and Common Law legal systems interact with the principles of Pancasila, and how this comparison can contribute to the development of inclusive and dynamic law in Indonesia. Comparative methods are used to analyze legal systems from various countries, with an emphasis on literature studies and normative analysis. Historical and philosophical approaches are also applied to understand the context and evolution of each legal system as well as the integration of Pancasila values. This study reveals that although there are substantial differences between the Civil Law and Common Law legal systems, there is room to integrate Pancasila values into each system. Pancasila not only acts as an ethical principle, but also as a framework for the formation of laws that are responsive and adaptive to global change, respecting domestic and international legal traditions.
Philosophical Re-examination of Labor Theory Beyond Economic Dimensions in Trademark Jurisprudence Azizah, Siti Nur; Thio, Ricky
Research Horizon Vol. 5 No. 5 (2025): Research Horizon - October 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.5.2025.837

Abstract

This research reconstructs the understanding of John Locke’s doctrine, which has conventionally been regarded as focusing solely on economic dimensions within property theory. Conventional scholarship positions Locke as a philosopher who neglects moral rights, in contrast to Hegel, who acknowledges both moral and economic dimensions. This research challenges this dichotomy by revealing that Locke actually paid significant attention to moral aspects within his labor theory, particularly in the context of trademark protection. The research methodology employs a normative juridical approach with in-depth philosophical analysis of Locke’s primary works, particularly Two Treatises of Government, and compares these with implementation in contemporary Indonesian trademark jurisprudence. The discussion finds that Locke’s labor theory contains strong moral foundations through concepts of natural law and human dignity. The research conclusion demonstrates that Locke’s doctrine genuinely integrates moral and economic rights coherently, providing more comprehensive philosophical justification for trademark protection. It is recommended that intellectual property law academics and practitioners abandon reductive interpretations of Locke and adopt a holistic understanding that recognizes moral dimensions within Indonesia’s trademark protection system.
Co-Authors Dyah Ersita Yustanti Lauw, Wifina Siti Nur Azizah, Siti Nur WAGIMAN