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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum JUNCTO: Jurnal Ilmiah Hukum Journal of Law, Poliitic and Humanities PESHUM
Pakpahan, Marlina Elisabeth
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Review of Registered Trademarks on Trademark Disputes Similarities in Principal (Decision Number: 83/Pdt.Sus-HKI/MEREK 2023/PN Niaga Jkt.Pst) Handayani, Roslina; Gayatri, Almirah Syifa; Pakpahan, Marlina Elisabeth
Journal of Law, Politic and Humanities Vol. 5 No. 4 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i4.1698

Abstract

A trademark is something attached to a product  is noticed also respected by the state through guaranteed ownership rights, so  not just anyone can obtain intellectual property rights. If someone wants to be legally recognized as a brand owner, then they are obliged to register their trademark. The protection of such trademarks indicates  the state is obliged to enforce trademark laws. There is legal protection for trademark owners to provide exclusive rights for brand owners (exclusive rights) so  other business actors cannot use the same trademark as they own. The problems discussed in this study are about How to Regulate Trademark Registration As per Law No.  20 of 2016 concerning Trademarks also Geographical Indications, How to Legal Protection for Registered Trademarks  Have Similarities in Essence, also How to Consider the Judge in Decision Number: 83/Pdt.Sus- HKI/MEREK 2023/PN Niaga Jkt.Pst. This studyuses normative studymethods. The data used are secondary data obtained through literature studies, laws also regulations, legal journals, also lecture materials related to this research.
Pertanggungjawaban Pidana Pelaku Tindak Pidana Illegal Fishing (Studi Kasus Putusan Pengadilan Negeri Tanjung Pinang Nomor 32/Pid.Sus- PRK/2020/Pn Tpg) Pakpahan, Marlina Elisabeth; Simbolon, Leonard; Andika, Andika
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6134

Abstract

This article aims to analyze the criminal liability of perpetrators of illegal fishing based on the Decision of the Tanjungpinang District Court Number 32/Pid.Sus-PRK/2020/PN Tpg. The focus lies on law enforcement efforts, the form of criminal responsibility, and the judge’s legal considerations regarding violations committed by the foreign vessel’s captain operating without an official fishing permit. The analysis applies the theoretical framework of criminal liability and maritime law. Data were collected through document studies of statutory regulations and court decisions, and analyzed qualitatively. This study concludes that criminal liability in this case was imposed in the form of a fine and confiscation of evidence due to jurisdictional limitations under UNCLOS. Although no custodial sentence was issued, the judge exercised a cautious and proportionate legal approach that aligned with national and international law, making the decision a significant precedent for fisheries law enforcement in Indonesia.
Harmonisasi Prinsip Hukum Islam dan Hukum Positif dalam Perjanjian Waralaba di Indonesia: Kajian Keadilan dan Kepastian Hukum Zulkifli, Suhaila; Noor, Tajuddin; Pakpahan, Marlina Elisabeth
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 4 No. 6: Oktober 2025
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v4i6.11133

Abstract

Franchise agreements have become a prevalent business model in Indonesia, facilitating entrepreneurial opportunities and driving economic growth. However, the inherent power imbalance between franchisors and franchisees often leads to conflicts that challenge the principles of justice and fairness. This research aims to explore the harmonization of Islamic law (Sharia) and positive law principles in regulating franchise agreements in Indonesia. By adopting a qualitative approach, the research examines the convergence and divergence between these two legal frameworks, with a focus on upholding the ethical tenets of Islamic business practices, such as justice, honesty, and trust. The findings highlight the importance of developing a comprehensive legal framework that balances the interests of both franchisors and franchisees, ensures transparent dispute resolution mechanisms, and promotes the equitable distribution of rights and obligations. This study contributes to the ongoing discourse on the integration of religious and secular legal principles in the context of franchise relationships, providing practical insights for policymakers, legal practitioners, and industry stakeholders to foster a more harmonious and sustainable franchise ecosystem in Indonesia.
Legal Review Of Fixed-Term Employment Agreements: Justice For Foreign Workers In Indonesia Noor, Tajuddin; Suhaila Zulkifli; pakpahan, Marlina Elisabeth
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.v24i2.5730

Abstract

TThis study critically examines the legal framework governing Specific Time Work Agreements (Perjanjian Kerja Waktu Tertentu/PKWT) and the protection mechanisms afforded to foreign workers (Tenaga Kerja Asing/TKA) in Indonesia. As foreign direct investment continues to expand, particularly in strategic sectors such as construction, infrastructure, and information technology, the deployment of TKA has become increasingly prominent. However, the implementation of PKWT for foreign workers raises significant legal and human rights concerns, including ambiguity in contractual terms, unequal treatment, and insufficient safeguards for basic labor rights. Utilizing a normative juridical approach, this research analyzes existing statutes, legal doctrines, and regulatory practices to evaluate the extent of legal protections for TKA under PKWT arrangements. The findings reveal gaps between regulatory intent and implementation, underscoring the need for stronger institutional oversight, improved regulatory clarity, and enhanced legal literacy among both employers and foreign workers. The study concludes by emphasizing the importance of coordinated efforts between government authorities, private sector stakeholders, and legal institutions to establish a more equitable, transparent, and sustainable labor environment for foreign workers in Indonesia.
Co-Authors Andika Andika Gayatri, Almirah Syifa Handayani, Roslina Noor, Tajuddin Simbolon, Leonard Suhaila Zulkifli zulkifli, suhaila zulkifli