Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal Journal of Private and Commercial Law Semarang State University Undergraduate Law and Society Review
Mohammad Reza Fachruddin
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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Evaluation of Judicial Institutions in Handling Contempt of Court Cases Based on Lawrence M. Friedman's Theory Mohammad Reza Fachruddin; Abdul Muftar Rifki Maulana; Dewi Sulistianingsih; Martitah Martitah
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.25869

Abstract

This article examines the dynamics of the development of contempt of court using legal theory in the context of modern Indonesia by emphasizing the importance of a deep, open way of thinking, and involving various fields of knowledge. The author uses a qualitative method with a sociological approach, and refers to M. Lawrence Friedman's theory that sees law as part of social life with a case study of contempt of court. Legal understanding cannot be separated from social and political influences, the rigid theory of legal positivism is no longer adequate to answer the complexity of legal problems in Indonesian society. A transdisciplinary approach is offered as a conceptual solution to enrich legal theory through integration with social science, ethics, and legal philosophy. The results show that contempt of court requires the establishment of a separate law to strengthen legal legitimacy and public trust in the judiciary.
Why Hasn't Indonesia Ratified The Hague System? What's The Problem? Mohammad Reza Fachruddin; Dewi Sulistianingsih; Rodiyah; Fakhrana Nabila Atiqawati; Lisa Amalia
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.44262

Abstract

Despite its membership in key international intellectual property (IP) agreements, Indonesia has not yet acceded to the Hague System for the International Registration of Industrial Designs. This article employs a doctrinal, principle-based legal analysis to examine the alignment of Indonesia’s industrial design regime, particularly Law No. 31 of 2000, with international standards under the TRIPS Agreement, the Paris Convention, and the Geneva Act of 1999. The study analyses statutory provisions, international instruments, and case law, and is complemented by a comparative overview of jurisdictions such as Japan, Singapore, the Republic of Korea, and Viet Nam that have already joined the Hague System. The findings reveal persistent structural issues in the Indonesian framework, including ambiguity in the novelty requirement, overlapping protection between industrial designs, copyright, and three-dimensional trademarks, as well as limited substantive examination and territorial fragmentation of protection. These legal and administrative constraints hinder the effective use of an international registration system, even though the Hague System offers procedural efficiency, cost reduction, and broader market access for designers. The article argues that targeted legislative reform and regulatory harmonization are essential preconditions for accession and contends that such reforms would enhance legal certainty, strengthen design protection, and improve Indonesia’s competitiveness in the global creative economy.
Co-Authors Abdul Muftar Rifki Maulana Dewi Sulistianingsih Fakhrana Nabila Atiqawati Lisa Amalia Martitah Rodiyah