Pendas : Jurnah Ilmiah Pendidikan Dasar
Vol. 11 No. 02 (2026): Volume 11 Nomor 02, Juni 2026 Published

PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL (HKI) DALAM MENGHADAPI PELANGGARAN: ANALISIS KASUS GAJAH DUDUK PALSU




Article Info

Publish Date
02 Apr 2026

Abstract

The protection of Intellectual Property Rights (IPR), particularly trademark rights, plays a crucial role in ensuring legal certainty and safeguarding business actors from unfair competition practices. This study aims to analyze the forms of legal protection granted to PT Gajah Duduk as the registered trademark holder and the legal consequences imposed on PT Pisma Abadi Jaya for trademark infringement of the “Gajah Duduk” brand. This research employs a normative juridical method using statutory and case approaches, analyzed qualitatively based on primary, secondary, and tertiary legal materials. The results indicate that legal protection for PT Gajah Duduk is provided through the first to file system as regulated under Law on Marks and Geographical Indications Number 20 of 2016, Such protection is preventive and repressive. In this case, PT Pisma Abadi Jaya was legally and convincingly proven guilty of trademark infringement based on a final and binding court decision up to the cassation level at Supreme Court of the Republic of Indonesia. The legal consequences include imprisonment, fines, and potential civil compensation claims. This study concludes that Indonesia’s trademark protection system has provided legal certainty for registered trademark holders.

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Journal Info

Abbrev

pendas

Publisher

Subject

Other

Description

Pendas : Jurnah Ilmiah Pendidikan Dasar is a journal published twice a year, namely in June and December that aims to be a forum for scientific publications to pour ideas and studies complemented with the results of research related to primary school education. To achieve this, basic education ...