Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 12, No 2 (2025): October

Legal Protection of Trademark Holders Against Imported Goods: A Contextual Framework under Islamic Economic Law

Elfi Haris (Universitas Sumatera Utara, Indonesia)
OK Saidin (Universitas Sumatera Utara, Indonesia)
Ningrum Natasya Sirait (Universitas Sumatera Utara, Indonesia)
Maria Kaban (Universitas Sumatera Utara)
Ruetaitip Chansrakaeo (Valaya Alongkorn Rajabhat University under the Royal Patronage, Pathum Thani,Thailand)



Article Info

Publish Date
06 Nov 2025

Abstract

The increasing influx of imported goods in Indonesia has intensified market competition and created complex challenges in protecting the rights of local trademark holders. Weak enforcement mechanisms and limited public awareness have facilitated imitation and unfair competition, threatening economic sustainability and consumer confidence. This study examines the adequacy of Indonesia’s trademark protection and reinterprets it through the ethical and normative framework of Islamic economic law. Using a normative juridical approach with statutory, conceptual, and comparative methods, the research analyzes Law No. 20 of 2016 on Trademarks and Geographical Indications alongside Islamic legal principles such as maqāṣid al-sharī‘ah (objectives of Islamic law), hifẓ al-māl (protection of wealth), and maṣlaḥah ‘āmmah (public interest). This analytical synthesis evaluates the harmony between positive law and Islamic ethics in regulating fair competition. The findings reveal that Indonesia’s legal framework provides sufficient formal protection but remains ineffective due to weak implementation, inadequate sanctions, and the limited capacity of small and medium enterprises. Conversely, Islamic economic principles emphasize moral accountability, fairness, and transparency as essential to market justice. Integrating these ethical values into trademark regulation would not only strengthen compliance but also foster socially responsible trade practices. This study contributes to contextualized Islamic law by proposing an integrated model that harmonizes intellectual property protection with Islamic moral economy. It advances theoretical understanding by linking fiqh mu‘āmalah with modern IP law and offers policy recommendations for promoting ethical branding, fair competition, and sustainable economic protection for Indonesian industries

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Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...