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p-Index From 2020 - 2025
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All Journal Indonesian Journal of Business Analytics (IJBA)
Raden Handiriono
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Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance

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Legal Protection of Famous Trademarks Under the Principle of Good Faith From a Legal Perspective in Indonesia Achmad Arrizal; Tasya Aura Octaviany; Sonia Fitri Anggrayani; Dudung Hidayat; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14547

Abstract

In the age of globalization, prominent brands play a crucial role in shaping customer identity and trust while enhancing product competitiveness in the global market. This paper examines the legal safeguarding of renowned trademarks in Indonesia, grounded in the principle of good faith as outlined in Law Number 20 of 2016 about Trademarks and Geographical Indications. This study employs normative juridical research methodologies to examine the preventative and repressive legal protection of renowned trademarks, alongside the implementation of the concept of good faith in trademark registration and utilization. The results show that although regulations have adopted protections for well-known brands, their implementation still faces various challenges, such as weak oversight and lack of legal certainty, which have the potential to harm rights holders and consumers. Therefore, to create effective and fair brand protection, the legal system must be strengthened by establishing a database of well-known brands, accelerating legal processes, educating the public, and collaborating across sectors.
Legal Evaluation of the Implementation of Licensing for Small and Medium Enterprises From the Perspective of Legal Certainty (Majalengka Regency Case Study) M. Zidane Alfauzan; Moh. Patra Aditya; Adyatma Saputra; Raden Handiriono; Triana Justitia Mahardeka
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14548

Abstract

The regulations governing business licensing procedures for Indonesia's small business sector encounter obstacles in implementation and adherence to applicable laws. Law Number 6 of 2023 is a legislative foundation anticipated to streamline the licensing process for small and medium enterprises. However, there are still obstacles to understanding and implementing it. The problems we studied in this study include how to regulate the legal arrangements regarding business license procedures for the small and medium business sector, what the legal consequences are for violations of business license procedures, and how the implementation of Law No. 6 of 2023 on the growth of small and medium enterprises. This study examines the regulation of business licensing procedures for small and medium firms, the legal ramifications of violations of these procedures, and their effects on expanding the small and medium company sector. This study employs a normative juridical legal method, using descriptive analysis of pertinent rules and interviews with important stakeholders as supplementary data sources. This study aims to elucidate the efficacy of licensing requirements for small and medium enterprises and its impact on economic development within the sector.
Protection of Models Due to Defaults in Agreements in the Modeling Industry Wafa Az-Zahra; Tiara Sakinah Najat; Nursyifa; Moh Sigit Gunawan; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14556

Abstract

A work agreement between a modeling agency and a talent model is a contract that regulates the rights and obligations of both parties. However, agencies often make mistakes, including paying the talent model late.  This study aims to examine the types of defaults that often occur in modeling agreements and the legal protection that can be provided to the model as an aggrieved party.  Using a normative juridical approach and looking at the practice of agreements and court rulings in this industry, it was found that legal protection of the model is still lacking.  This is due to poor contract clauses, poor understanding of the model, and lack of oversight from the relevant agencies. Therefore, regulations must be improved to protect the model from infringement, and fairer agreements are needed. Article 1243 of the Civil Code (Civil Code) states that the guilty party must pay the aggrieved party. Suppose the modeling agency is late in paying the talent model's salary. In that case, they are responsible for promptly paying according to the contract, paying the model's losses, paying a fine if there is a penalty clause, and facing legal consequences if the delay causes negative impacts.
Legal Review of Priority Watch List Status in Intellectual Property Infringement in Indonesia Amelia; Putri Rihadatul Aisy; Bunga Ghalia De Fidenza; Dudung Hidayat; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14635

Abstract

The development of international law reflects efforts to create a more just, peaceful, and stable global social order. Countries seek to protect so that people can enjoy fundamental rights, including intellectual property rights (IPR). However, in practice, violations of IPR are still rampant, including in Indonesia. The method employed is a normative juridical approach, involving an analysis of national laws and regulations, as well as international legal instruments that regulate the protection of IPR. The study's results show that, although Indonesia has a sufficient legal basis, challenges persist in aspects such as implementation, supervision, and coordination between institutions. The status of the Priority Watch List (PWL) provides pressure, while also presenting an opportunity for Indonesia to improve its laws, strengthen enforcement, and increase public awareness of respecting IPR in the digital era.
Legal Protection Against Trademark Label Substitution: Analysis Based on Law Number 20 Of 2016 Concerning Trademarks and Geographical Indications Nur Alma Azizah; Nandita Listia Aprilia; Leistiana; Dudung Hidayat; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14736

Abstract

Replacement labels on products that use registered trademarks are a crucial issue in the protection of intellectual property rights, as stipulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. The method used is normative juridical research with a qualitative approach, through literature studies and interviews with legal experts and practitioners in the field of intellectual property. The study's results indicate that current regulations do not specifically address the protection of illegally modified brand labels, leaving legal loopholes that permit abuse. Although the Act grants exclusive rights to trademark owners and imposes the threat of sanctions against violators, its implementation remains limited due to the lack of adequate oversight mechanisms and weak law enforcement. In addition, dispute resolution in cases like this tends to be complex because it involves a complaint and requires difficult proof. At the same time, the litigation process is often time-consuming and expensive. Therefore, this study recommends the need for regulatory reform through more specific implementing regulations, such as Government Regulations on the Use of Trademarks by Third Parties, as well as increased public supervision and education on the protection of trademark rights to ensure legal certainty and justice for registered trademark holders.
Co-Authors Achmad Arrizal Adyatma Saputra Amelia Bunga Ghalia De Fidenza Dudung Hidayat Leistiana M. Zidane Alfauzan Moh Sigit Gunawan Moh. Patra Aditya Nandita Listia Aprilia Nur Alma Azizah Nursyifa Putri Rihadatul Aisy Sonia Fitri Anggrayani Tasya Aura Octaviany Tiara Sakinah Najat Triana Justitia Mahardeka Wafa Az-Zahra