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All Journal Unes Law Review Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
S. T. Kansil, Christine
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Keabsahan dan Kekuatan Hukum Surat Kesepakatan Pengembalian Dana Sebagai Akta di Bawah Tangan Menurut Kitab Undang-Undang Hukum Perdata Saputra, Agun; S. T. Kansil, Christine
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1406

Abstract

Service agreements have been known for a long time by the public because they allow easier access to running a business that generally needs to go through a complicated process and takes a long time. This is utilized by parties who have direct access to take care of certain business licenses, for example, the legality of becoming a distributor agent. The problem in this research focuses on the refund agreement letter between Nureni and Ika Jatnika which was made in the form of a deed under the hand. This letter arose because Ika Jatnika had made a default against Nureni. This research is normative legal research using qualitative method. The research legal materials are obtained from literature study and interviews which will be examined with the approach of laws and cases and analyzed qualitatively. The results of this study indicate that the parties are still protected by law because the deed under the hand has valid evidentiary power based on Article 1338 of the Civil Code and the protection of the parties depends on the strength of the type of deed made. The conclusion of this research is that the legal protection of the parties who make a deed under the hand is subject to Article 1338 of the Civil Code and the parties still have the right to claim compensation for material losses they receive.
Legal Protection for First Trademark Registrants: An Analysis of the Substantive Examination System of Trademarks in Indonesia Christian Alexsander, Cevin; S. T. Kansil, Christine
Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam Vol 17 No 2 (2025): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam
Publisher : State of Islamic Institute Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/jurisprudensi.v17i2.13263

Abstract

Ideally, Indonesia’s substantive trademark examination system should provide full protection for the first applicant by ensuring that every application is thoroughly reviewed to prevent overlap, similarity, and potential conflicts with previously registered marks. However, in practice, several issues still arise, including the approval of marks with substantial similarity, inconsistent assessment standards, and the growing number of trademark disputes indicating weaknesses in the implementation of substantive examination. This study aims to analyze the extent to which the substantive examination system ensures legal protection for the first applicant and to identify factors contributing to legal uncertainty. The research employs a normative juridical method by examining statutory regulations, trademark dispute decisions, and academic literature related to trademark protection practices. The findings reveal that although Indonesia adopts the first-to-file principle which should theoretically ensure legal certainty the effectiveness of its implementation remains hindered by examination quality, limited institutional resources, and insufficient harmonization with international standards. This study highlights the need to strengthen the substantive examination system so that legal protection for first applicants can be achieved consistently and fairly.
Co-Authors Christian Alexsander, Cevin Saputra, Agun