PENGGUNAAN PRINSIP KONSTITUTIF PADA MEREK DALAM PERSPEKTIF TEORI PELINDUNGAN DAN TUJUAN HUKUM

This study discusses the use of constitutive principles (first to file) on brands based on Act No. 20 of 2016 concerning Trademarks and Geographical Indications in the perspective of protection theory and legal purposes. Research methods used: normative juridical approach, by examining library materials or secondary data through primary legal materials (legislation), secondary legal materials (opinions of legal experts), and tertiary legal materials (dictionaries and other sources); descriptive analysis research specifications; and data analysis is done in a qualitative normative manner. The results of the study showed: (1). The theory of protection that is in accordance with the basis for consideration is issued Law No. 20 of 2016 concerning brands in point a is Public Benefit and Economic Growth Stimulus Theory. But in its implementation, it must be supported by other brands of legal protection theory, namely Reward Theory; Recovery Theory; Incentive Theory; and Risk Theory. (2). The use of constitutive principles (first to file) in brands reflects the legal objectives of "certainty" and means of social change but does not pay much attention to aspects of "fairness" and expediency.

MAKNA MEDIASI DALAM UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

Art. 95(4) Law No. 28 of 2014 re. Copyright determines that mediation should be the preferred choice to settle copyright disputes, including those that relates to piracy and plagiarism. The issue to be discussed here is what would the legal consequence be in case this alternative dispute settlement is not utilized by disputants. This problem will be discussed using a juridical normative approach. Here, mediation is understood in the context of Law No. 30 of 1999 re.  Arbitration and Alternative Dispute Settlement and Supreme Court Regulation No. 1 of 2016 re. Mediation Procedure in Court Proceedings. The main finding of this legal research is that mediation, by law, should be offered in court or may be used out of court at any time by disputants, in civil dispute (claim for compensation) as well in criminal cases.  Non utilisation does not have as consequence the cessation of existing court proceedings

AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK

This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise

PERLINDUNGAN TERHADAP LESSEE USAHA DALAM PERJANJIAN SEWA GUNA SEBAGAI KONTRAK BAKU

This study aims to determine the clarity of existence (leasing) in agreement and leasing law in the perspective of standard agreements.The method of approach is juridical normative and  the data is analyzed in a qualitative normative way to produce descriptive data based on the study of statutory norms.The results of the study show that leasing in treaty law has 2 (two) financing categories, namely finance lease (lease with option rights) and operating lease (lease without option rights). In contract law, the operating lease has the aspect of a lease agreement while the finance lease is more in line with the aspect of buying and selling, but each of these aspects compared to the financing category still has a difference. Whereas leasing in the standard agreement perspective applies in accordance with freedom of contract vide Article 1320 jo Article 1338 of the Civil Code as long as it does not lead to eliminating the responsibility of the business actor (exenorasi classula), but considering the lease agreement unilaterally determined by the lessor, the position of the lessee is still weak legal protection through legal action that can be carried out, for example filing a claim for compensation, costs and interes

AKIBAT HUKUM AKUISISI PERUSAHAAN TERHADAP LISENSI MEREK

This study aims to obtain information regarding the legal consequences in the event of an Acquisition of ownership of rights to a Mark and to determine the legal protection of the Brand Licensee against cancellation by the Acquirer. The type of legal research used is normative using qualitative analysis techniques. The results of the study show that the company's acquisition does not have a legal effect on the transfer of ownership of the rights to the Mark because the meaning of the Acquisition contained in the Company Law is the Acquisition of Shares, so that the Acquired party remains the owner of the rights to the Mark. Whereas in Asset Acquisition if the Acquired company transfers the Assets including ownership of the rights to the Mark to the Acquirer, there will be a change in the parties in the Mark Licensing agreement, resulting in legal consequences for the fulfillment of achievements or royalty payments. In the event of the cancellation of the Mark License Agreement by the Acquirer, the Mark Licensee shall receive protection under the Law of the Agreement by filing a breach of contract according to Article 1243 of the Civil Code because Law of Mark and geographical indication only protects the Licensee against the deletion of the registered mark but the Licensee must agree in writing unless agreed otherwise

PENEGAKAN HUKUM MEREK DALAM HUKUM INDONESIA TERHADAP PEMENUHAN KETENTUAN TRIPS- WTO

Indonesia needs to apply the TRIPs-WTO Agreement in its national law because it has ratified the International Agreement through Law No. 7 of 1994. Therefore, this study raises issues regarding the application of the provisions of the WTO TRIPs Agreement on Trademarks in Indonesian Positive Law, and the Obstacles to the Indonesian Trademark Law in fulfilling the requirements in law enforcement as stipulated in the TRIPs-WTO agreement. The approach method used is juridical normative or doctrinal through a statute approach and a conceptual approach. The research was conducted through literature studies to examine primary legal materials, secondary legal materials, and tertiary legal materials as well as data analysis methods carried out through qualitative normative. The results of the study show that the provisions of the TRIPs-WTO Agreement on Trademarks have been applied in Indonesian Positive Law and even exceed the minimum standards required by the International Agreement. The obstacles to the Indonesian Trademark Law to meet the requirements in law enforcement as stipulated in the TRIPs-WTO Agreement include legal substantiations, legal structures and legal culture of society

Tanggung Jawab Hukum Dokter Dalam Pelayanan Kesehatan Oleh Perawat Terhadap Klien (Pasien)

This study aims to determine the legal relationship of doctors, nurses, and patients as well as the principle of legal responsibility of doctors in health services by nurses to patients. The approach method used is normative juridical with emphasis on secondary data, namely primary, secondary, and tertiary legal materials. Study results: (1). The legal relationship between doctors and nurses is based on delegation and mandate attribution. The nurse and client relationship is interpersonal and professional, which is subject to the Nursing Act. The doctor and patient relationship is based on the theurapetic transaction through voluntary representation (Article 1354 of the Civil Code) and the validity of the agreement (Article 1320 of the Civil Code). (2). Legal responsibility related to the mandate given by the doctor to the nurse remains with the doctor, so that if the action taken by the nurse is not in accordance with the SOP it becomes the nurse's responsibility in accordance with the principle of liability based on fault. However, doctors are responsible based on the principle of vicariuos liability. Whereas in the delegation, if the nurse's actions are not in accordance with the SOP and cause patient losses, the responsibility of the nurse is in accordance with the principle of liability based on fault. If health services by nurses are in accordance with the SOP but cause harm to patients both in the mandate and delegation, doctors and nurses are not responsible because it is a medical risk

NUKILAN KEARIFAN LOKAL SUKU SUNDA BERUPA ANJURAN DAN LARANGAN

Begitu banyak nilai-nilai kearifan lokal yang diwariskan para nenek moyang kita, salah satunya adalah nukilan kearifan lokal suku sunda yang dapat dijadikcln s!-lmbang nilai untuk merevitalisasi karakter bangsa ini. Nilai-nilai kearifan lokal suku sunda amat bervarian. Dalam hal inipenulis membaginya menjadi dua bentuk yaitu: nukilan kearifan berupa anjuran (the dos) dan larangan (the donts). Metode yang digunakan adalah metode kualitatif yang berusaha memahami makna secara ilmiah. Dari penelitian ini diperoleh 139 kearifan lokal sunda, yang terdiri atas kearifan sunda berupa anjuran sejumlah 92 dan kearifan lokal sunda berupa larangan sejumlah 47. Semoga kearifan lokal peninggalan zaman dahulu ini dapat terangkat kembali kepermukaan dan mampu merevitalisasi pembentukan karakter bangsa

Legal Aspects the Use of Deoxyribonucleic Acid (Dna) on Human Embryo Cloning Process

Background: Used of DNA on the cloning of human embryos raises legal problems, particularly with regard to inheritance law, health law, human rights law, and criminal law. Methods: The method used was normative, national legislation, whereas the research phase was done through the study of literature to examined the primary legal materials that the marriage act, inheritance law (Islam), Health Law, Law on Rights humans, and the Code of Penal (Penal Code). Furthermore, secondary law was done through the opinion of the experts, and tertiary legal materials that digital sources (internet). Result: Cloning human embryos is a rapid advances in medicine but legal aspects need further study the basic legality. Conclusion: The cloning of human embryos with regard to (1) Legal aspects of marriage and inheritance law, that bias was the meaning of marriage, because to got a child or descendant did not need to perform marriages; and also eliminated the human cloned embryos nasab (lineage). (2) Aspek health law, therapeutic cloning was permitted throughout the implementation respect the right to life of the embryo, and may not used stem cells derived from embryos (embryonic stem cells), but used adult stem cells (adult stem cells). (3) Aspects of human rights, the used of stem cells of any kind was unethical because it was dictated by an individual before a new individual that interfere with human rights. (4). Aspects of criminal law, relating to persecution, abortion, and abortion assistance