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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Causa: Jurnal Hukum dan Kewarganegaraan
Loso
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Humanities Law, Crime, Criminology & Criminal Justice

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Penyelesaian Sengketa Merk Dagang Di Era Digital Dalam Perspektif Hukum Perdata: Penyelesaian Sengketa Merk Dagang Di Era Digital Dalam Perspektif Hukum Perdata Mohamad Tohari; Loso; Irfan Rizky Hutomo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5744

Abstract

The use of a brand when in a trading activity is often classified as unfair competition, in an attempt to gain an advantage by taking advantage of someone else's brand, either by falsifying it in its entirety or only in certain parts, in other words, equality at its core. Many consumers are deceived when buying branded products because of plagiarism in the logo design or product packaging that has been known by the public and is very similar to the original form. There are still many business actors who are dishonest and violate the law. There are business actors who still plagiarize famous brands so that the products they make attract many fans. Therefore, there is a need for healthy competition in trade, so that no party feels disadvantaged in the process of trade, this study adopts the normative juridical method with a legislative approach and conceptual approach. The results showed that disputes related to the sale of counterfeit trademarks can be resolved both through court and out-of-court channels. The actions of sellers of counterfeit goods who trade products without the permission of the brand owner are certainly detrimental to the owner of the brand. In the face of brand infringement disputes, a wise step that brand owners can take is to resolve the issue out of court through mediation. This approach is expected to prevent further losses, especially for brand owners, while maintaining their reputation in the public eye regarding plagiarism issues. However, if mediation does not reach an agreement, the brand owner has the option of filing a lawsuit in the Commercial Court
Perbandingan Hukum Penegakan Tindak Pidana Perdagangan Orang (Studi Perbandingan Hukum Indonesia dan Amerika Serikat) Febriana, Dinda Putri; Nuroh; Rizqika Ayu Amalia; Ismi Korifah; Loso; Ganis Vitayanty Noor
Causa: Jurnal Hukum dan Kewarganegaraan Vol. 12 No. 1 (2025): Causa: Jurnal Hukum dan Kewarganegaraan
Publisher : Cahaya Ilmu Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.3783/causa.v12i1.12667

Abstract

Human trafficking is a transnational crime that requires an effective legal approach. Indonesia and the United States of America have different legal systems in addressing human trafficking, particularly in regulation, law enforcement, and victim protection. Indonesia enforces Law No. 21 of 2007 on the Eradication of Human Trafficking, yet faces challenges in implementation due to weak inter-agency coordination and the involvement of corrupt officials. Meanwhile, the United States relies on the Trafficking Victims Protection Act (TVPA) of 2000, which provides a more comprehensive legal framework supported by strong law enforcement mechanisms. Although the United States of America legal system is more effective in investigating and prosecuting traffickers, strict immigration policies often deter victims from seeking help. In contrast, Indonesia struggles with weak law enforcement and inadequate victim protection measures. This study highlights the need for Indonesia to enhance coordination, transparency, and technological utilization in trafficking investigations, while the United States of America should consider revising its immigration policies to be more victim-friendly. Collaboration between both countries in information sharing and investigative strategies is essential to improving anti-trafficking efforts and strengthening victim protection.
Co-Authors Febriana, Dinda Putri Ganis Vitayanty Noor Irfan Rizky Hutomo Ismi Korifah Mohamad Tohari Nuroh Rizqika Ayu Amalia