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All Journal Journal of Law, Poliitic and Humanities
Christine Kansil
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The The Legal Liability of Insurance Companies on Unit-Linked Insurance Plan's Mis-Selling Practices Done by Insurance Agents: an Approach to Law Number 4 of 2023 Concerning the Development and Strengthening of the Financial Sector (PPSK Law) Levina Kezia; Christine Kansil
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.873

Abstract

The purpose of this study aims to analyze the legal liability of an insurance company when an Unit-linked Insurance Plan (ULIP) products is mis-sold by an insurance agent. Using the normative judicial method, this study also examines the main factors of mis-selling practices and the legal responsibilities that both insurance companies and their agents have to carry based on Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK Law). The results revealed that many insurance agents have a poor knowledge of how ULIP and its investment works. High-pressure sales techniques is also often used by insurance agents to manipulatively persuade policyholders into buying ULIP, which then consequently leads into mis-selling. In accordance to the current PPSK Law, insurance company as the principal of the legally binding agency agreement is liable for the negligent actions commited by their agents, including when they mis-sell an ULIP product, however insurance agents can also be held liable for the negligent actions that are commited outside the scope of their authorities.
The Responsibility of the Directorate General of Intellectual Property in Resolving the Trademark Dispute Over 'Tempo Gelato' Belliana Herlina; Christine Kansil
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.895

Abstract

The Law Number 20 of 2016 concerning Trademarks and Geographical Indications aims to provide clear legal protection for legitimate trademark owners. A legitimate trademark owner is the person who first registers their trademark or service mark. In practice, conflicts often arise due to unilateral trademark registrations. This study focuses on the trademark dispute case of Tempo Gelato, where one party in a business partnership registered the trademark without the consent of the original owner. The Directorate General of Intellectual Property Ministry of Law and Human Rights Republic of Indonesia plays a crucial role in preventing unilateral registrations and ensuring that dispute resolution processes adhere to legal provisions. This study also examines the responsibilities of government agencies in cases of unilateral registration, including the dispute resolution mechanisms offered in the law and their vital role in safeguarding the exclusive rights of trademark owners to prevent abuse of the registration system.
Legal Protection for Owners of Well-Known Trademarks Viewed from the Principle of Well-Known Marks Jeannet Kunta Adjie; Christine Kansil
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.896

Abstract

Legal protection for owners of well-known trademarks is a crucial topic in the context of increasingly competitive business environments. Well-known trademarks not only represent the quality of products but also reflect the reputation and image of a company. The principle regarding well-known marks plays an essential role in safeguarding such trademarks from any form of misuse and imitation, which can cause harm to both the trademark owner and consumers. This research aims to delve deeper into the legal protection afforded to owners of well-known trademarks. The methodology employed in this research is normative legal research, focusing on the exposition of concepts and doctrines within legal science. The findings of this study indicate that trademarks meeting the criteria for well-known status, as stipulated in positive law, are entitled to absolute legal protection. This means that if another party uses the same or imitates a well-known trademark, the trademark owner has the right to pursue legal action. In today’s business era, we frequently encounter many well-known trademarks, both domestic and foreign. Therefore, it is essential to secure these well-known trademarks to prevent potential misuse in the trade of goods and services. Such protection is not only beneficial for trademark owners but also for consumers.
Co-Authors Belliana Herlina Jeannet Kunta Adjie Levina Kezia