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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Constitutionale
Nurastriani, Neneng
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection Of Well-Known Trademarks Under Indonesian Law Windiantina, Wiwin; Nurastriani, Neneng
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3430

Abstract

This research evaluates the legal protection of famous trademarks under Indonesian law, examining the extent to which existing regulations safeguard trademarks with strong public recognition. As valuable corporate assets, famous trademarks require effective legal protection to prevent misuse and infringement. However, globalization and technological advancements have intensified intellectual property violations, posing significant challenges to trademark owners. Using a normative juridical approach, this research analyzes relevant legislation and judicial practices in Indonesia while identifying obstacles in maintaining trademark exclusivity in both domestic and international markets. Through this analysis, the research aims to provide policy recommendations to strengthen trademark protection and develop a more adaptive legal framework that responds to technological and global challenges.
Legal Interpretation of Insurance Policies in Dispute Resolution: A Study of Decision No. 247/Pdt.G/2022/PN Bks Wintarsih, Wiwin Windiantina; Nurastriani, Neneng; Fransisca, Even Denny
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.4175

Abstract

An insurance policy is a legal contract between the Insurer and the Insured, serving as written proof of their agreement. The Insurer agrees to compensate the Insured for actual losses from damage, loss, or destruction of property—or the loss of interest—caused by an uncertain event. In the perkara a quo, the Plaintiff claimed they still had the right to file against Defendant II for a toll road accident involving Co-Defendant II’s vehicle, despite having already submitted a claim to Co-Defendant II’s insurer. This research uses a qualitative method, analyzing a final and binding court decision (inkracht van gewijsde), with a descriptive-analytical approach. It explores two key questions: (1) How do legal principles of insurance contracts influence dispute resolution? and (2) What is the role of the policy as legal evidence, and how do courts interpret it? A policyholder’s right to claim arises after full premium payment and a covered loss. In this case, the Panel of Judges rejected the Plaintiff’s claim entirely. In the amar putusan, they also rejected the Defendants’ objections, concluding the Plaintiff failed to prove their claim.
Co-Authors Fransisca, Even Denny Windiantina, Wiwin Wintarsih, Wiwin Windiantina