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All Journal Zaaken: Journal of Civil and Business Law The Indonesian Journal of International Clinical Legal Education
Sulistianingsih , Dewi
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Law, Crime, Criminology & Criminal Justice

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Peran Hukum Perdata Internasional dalam Sengketa Merek Dagang: Studi Kasus Astra Honda Motor vs Trek Bicycle Corporation Sulistianingsih , Dewi; Felix Kusbintoro, Arsenius
Zaaken: Journal of Civil and Business Law Vol. 6 No. 2 (2025): Juni 2025
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v6i2.43548

Abstract

This study examines the role of Private International Law in resolving the trademark dispute between PT Astra Honda Motor (AHM) and Trek Bicycle Corporation (TBC) concerning the “Marlin” trademark. Using a normative juridical approach, the research relies on secondary data such as legislation, legal documents, and relevant literature. The findings reveal that Private International Law plays a strategic role in providing certainty regarding jurisdiction, applicable law, and cross-border intellectual property rights protection. The application of the principles of choice of law and choice of forum serves as a key mechanism in determining the governing law and the competent forum to adjudicate disputes. This research underscores the importance of a comprehensive understanding of Private International Law for legal practitioners and policymakers in addressing the complexities of globalization. Practically, it recommends that multinational companies adjust their legal strategies to accommodate differences in legal systems and intellectual property standards across jurisdictions, thereby ensuring effective trademark protection and adaptation to the evolving international legal environment
Comparative Study of Burden of Proof in Civil Procedure and Consumer Protection Law Almira Balqis; Sulistianingsih , Dewi; Pujiono , Pujiono
The Indonesian Journal of International Clinical Legal Education Vol. 7 No. 1 (2025): March
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v7i1.21040

Abstract

This article compares the burden of proof system in resolving consumer disputes under Indonesian Civil Procedure Law and the Consumer Protection Law. It addresses two primary issues: the divergence in evidentiary burdens and the dispute resolution mechanisms adopted by each legal regime. Employing a normative-juridical research method, this study analyzes both primary and secondary legal materials using legislative and comparative legal approaches. The findings reveal that Civil Procedure Law adopts the principle of actori incumbit probatio, where the burden of proof lies with the plaintiff—often disadvantaging consumers due to their limited access to evidence and legal resources. In contrast, the Consumer Protection Law (Law No. 8 of 1999) introduces a reverse burden of proof, requiring business actors to prove they are not at fault, thereby offering more equitable legal protection. The article includes case studies such as Supreme Court Decisions No. 681/Pdt.G/2019/PN.Jkt.Sel. and No. 175 K/Pdt.Sus-BPSK/2021 to illustrate the practical consequences of each burden of proof model. The analysis underscores the structural disadvantage consumers face under traditional civil litigation and how the reverse burden compensates for this imbalance. This research contributes to legal scholarship by clarifying legal terms (burden of proof, presumption, and standard of proof) and by emphasizing the need for procedural harmonization. Additionally, it contributes to the development of consumer law in Indonesia by offering doctrinal clarification and practical recommendations to strengthen access to justice. Ultimately, the study recommends aligning evidentiary standards with substantive justice to enhance consumer protection and ensure fairness in dispute resolution systems.
Co-Authors Almira Balqis Felix Kusbintoro, Arsenius Pujiono , Pujiono