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All Journal Civil Officium: Journal of Empirical Studies on Social Science International Journal Mathla'ul Anwar of Halal Issues
Bakar, Bakar
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Religion Agriculture, Biological Sciences & Forestry Humanities Education Environmental Science Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Pemberian Hak Eksklusif Oleh Negara Kepada Pemilik Merek Terdaftar Untuk Jenis Barang Dan Jasa Dalam Konsep Konsitutif Asas First To File Solihin, Henky; Budiana, Budiana; Rahman, Budi; Nurhayati, Rika; Bakar, Bakar
Civil Officium: Journal of Empirical Studies on Social Science Vol. 5 No. 2 (2025)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/civilofficium.v5i2.770

Abstract

This study examines the granting of exclusive rights by the state to registered trademark holders based on the constitutive principle and the first to file approach. Legal protection for trademarks in Indonesia is only granted if the owner registers it formally, not merely based on prior use. The aim of this study is to analyze the effectiveness of the first to file principle within the constitutive framework and its implications for legal certainty. This research employs a normative juridical method with a doctrinal approach. Secondary data—including primary, secondary, and tertiary legal materials—was collected through library research and analyzed qualitatively using deductive reasoning. The study focuses on the trademark registration mechanism at the Directorate General of Intellectual Property. The findings reveal that trademark registration in Indonesia involves formal examination, public announcement, and substantive examination as procedural steps to obtain lawful protection. This system ensures legal protection for good-faith applicants and prevents ownership conflicts. The study concludes that the application of the first to file principle within a constitutive legal framework offers legitimate and effective protection for trademark rights, serving as a vital legal tool to uphold certainty within Indonesia’s intellectual property system.
NARRATIVE REVIEW: PERAN SERTIFIKASI HALAL DALAM PRODUK BERBAHAN DASAR AYAM SECARA HUKUM SYARI’AT ISLAM Budiana, Budiana; Rahman, Budi; Fathurrohim, Muhammad Faizal; Nurhayati, Rika; Bakar, Bakar; Fadilah, Ilham
International Journal Mathla’ul Anwar of Halal Issues Vol. 5 No. 1 (2025)
Publisher : Universitas Mathla’ul Anwar Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30653/ijma.202551.125

Abstract

Halal labels in the use of processed chicken products are very important, because in the period 2020 - 2025 there have been many chicken-based food products as food variations both in the form of franchises and other processed products. This study uses a literature method to validate how chicken-based food products can get halal certification. The results of the study show that a product that is halal certified is through a processing process using Islamic law. Halal and good animals are also determined during the slaughtering and processing process. The audit includes several things including; checking the data sent, checking the production process, laboratory, packaging, storage, transportation, distribution, marketing, presentation to halal certification.    
Co-Authors Budi Rahman Budiana, Budiana Fadilah, Ilham Fathurrohim, Muhammad Faizal Nurhayati, Rika Solihin, Henky