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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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Journal : Research Horizon

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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.
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