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DiH : Jurnal Ilmu Hukum
Published by Universitas 17 Agustus 1945 Surabaya
ISSN : 02166534     EISSN : 2654525X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: Jurnal Ilmu Hukum is created as a means of communication and dissemination for researchers to publish research articles or conceptual articles. The DiH: Jurnal Ilmu Hukum only accepts articles related to the topic of law except business law. The DiH: Jurnal Ilmu Hukum is available in both print and online.
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Articles 12 Documents
 1   2 
Search results for , issue "Volume 21 Nomor 2 Agustus 2025" : 12 Documents clear
Legal Protection for Trademark Applicatints in Good Faith in Retroactive issuance of Certificate Based On Supreme Court Decision Pramana, Muhammad Aditya; Fuad, Fokky; Suartini, Suartini
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 2 Agustus 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.132312

Abstract

The process by which a trademark certificate issued by the Directorate General of Intellectual Property is retroactively valid from the date the trademark registration application is submitted, not from the date the certificate is officially issued . brand which was resolved through criminal channels in Court Nganjuk State with the Defendant Rudy Mulyanto who can analyzed more far is a dispute between Trademarks resolved through criminal channels which then in the Cassation Decision at the Supreme Court Number 3733 K / Pid.Sus / 2020 Rudy Mulyanto was declared not legally and convincingly proven guilty of committing a crime as in the First or Second indictment. The research method used is normative juridical library materials or secondary data as basic material for research by conducting a search for regulations and literature related to the problem being studied. The results of this study are that legal protection for trademark certificates issued by the Directorate General of Intellectual Property of the Ministry of Law and Human Rights of the Republic of Indonesia is retroactive from the date of submission of the application, not from when the certificate was issued. In the Decision of this trademark dispute case, there was negligence in providing legal protection to the applicant or trademark registrant, the author does not agree with the decision of the panel of judges at the first level and the high court level and concludes that trademark disputes should be resolved first through civil channels, while criminal channels are used as a last resort in resolving trademark disputes.
Resolution of Land Rights in Forest Areas Reviewed from Agrarian Law Wijayanti, Diah
DiH: Jurnal Ilmu Hukum Volume 21 Nomor 2 Agustus 2025
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v0i0.13013

Abstract

Indonesia, as a state governed by the rule of law, mandates that all legal issues be regulated through statutory provisions to ensure clarity and compliance by its citizens. The registration of land within Forest Areas presents distinct legal and administrative complexities compared to general land registration processes. A recurrent conflict arises from the fact that communities residing in Forest Areas often lack formal land certificates, which serve as the highest legal proof of land ownership. This research aims to identify viable legal solutions enabling communities residing within Forest Areas to obtain land certificates in accordance with prevailing statutory provisions. Employing a normative juridical method, this study integrates statutory and conceptual approaches, supported by an analysis of relevant legislation, scholarly literature, and scientific journals. The findings reveal that communities within Forest Areas may secure land certificates through a collective application submitted via the mayor or regent, following the procedural requirements stipulated in Presidential Regulation No. 88 of 2017 concerning the Settlement of Land Tenure in Forest Areas. Upon issuance of a ministerial decree by the Minister of Environment and Forestry adjusting the boundaries of the Forest Area in compliance with applicable laws, the National Land Agency is authorized to issue the corresponding land certificates. This study offers a legal framework that bridges statutory requirements and practical implementation, potentially contributing to the resolution of long-standing land tenure disputes in Forest Areas.

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