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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Pendidikan dan Sosial Humaniora
Syifa Rahmatul Ummah Arif
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Aktualisasi Mekanisme Investor State Dispute Settlement (ISDS) Dalam Sengketa Joint Venture Investor Asing Dengan Pemerintah Di Indonesia Syifa Rahmatul Ummah Arif
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i4.2750

Abstract

Foreign investment and business cooperation through joint ventures have emerged as key drivers of Indonesia's economic growth. The increasing influx of foreign investment into Indonesia has, in turn, given rise to disputes between foreign investors and the Indonesian government. Consequently, Indonesia has sought to introduce legal instruments for the resolution of foreign investment disputes. Based on this premise, the author aims to delve deeper into the actualization of the Investor-State Dispute Settlement (ISDS) mechanism in disputes involving foreign investors and the Indonesian government within joint ventures. The examination of the role of the ISDS mechanism in this context is crucial to ensure the protection of investor rights and the provision of legal certainty. The research methodology employed is normative-juridical, utilizing literature review as an approach. The results of this study reveal that investment disputes persist between foreign investors and the Indonesian government due to diverging interests, violations of joint venture agreements, particularly changes in legislation that tend to restrict or disadvantage foreign investors. Consequently, foreign investors often find themselves adversely affected by government policies.
Pelindungan Hukum Merek Terkenal atas Tindakan Passing Off di Indonesia Berdasarkan Doktrin Likelihood of Confusion Syifa Rahmatul Ummah Arif
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 5 No. 1 (2025): Maret : Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v5i1.6270

Abstract

The legal protection of well-known trademarks in Indonesia still faces various challenges, especially in overcoming passing off actions that can harm trademark owners and mislead consumers. The doctrine of likelihood of confusion becomes the main instrument in determining the extent to which the similarity of a brand can cause confusion among consumers. This research aims to analyze the implementation of legal protection of well-known trademarks from the act of passing off in Indonesia, focusing on the Golden Goose case. The research method used is doctrinal legal research with a statute approach and case approach. The data used is secondary data obtained through a literature study of legal regulations, court decisions, and relevant academic literature. The results show that although Indonesia has adopted the doctrine of likelihood of confusion in the Trademark Law, its application still faces various obstacles. The first to file system adopted in trademark registration opens up opportunities for parties with bad intentions to register trademarks that resemble well-known trademarks. This can be seen in the Golden Goose case, where another party registered a similar mark before the legal owner registered in Indonesia, triggering a legal dispute. The court eventually canceled the mark based on significant similarity and potential consumer confusion. This study confirms that it is necessary to strengthen the legal protection mechanism of famous marks, including increased supervision in trademark registration as well as strengthening regulations to prevent passing off.
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