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All Journal TRANSPARENCY Nagari Law Review Res Nullius Law Journal Proceeding International Seminar of Islamic Studies Jurnal Hukum Sehasen Locus Journal of Academic Literature Review Rechtsnormen Jurnal Media Akademik (JMA) Acta Law Journal
T. Keizerina Devi Azwar
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Journal : TRANSPARENCY

 1 
GUGATAN PEMBATALAN MEREK TERDAFTAR OLEH PEMILIK MEREK TERKENAL ( Studi Kasus: Putusan MA No. 402 K/Pdt .Sus/2011). Haris Fadhilah Putra; T. Keizerina Devi Azwar; Windha windha
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Brand is very important in the business world. Brand products (both goods and services) that are certain to be popular and sell well in the market of course would tend to make spur other manufacturers or entrepreneurs competing products with famous brand, even in this case finally appeared unfair competition. Brands used in the trade, which in turn may submit the national economy. Pemdaftaran brand basically meant that the mark is used in commerce. The issue in this thesis is how the system of trademark registration in Indonesia, how to register for the legal protection of well-known brand in Indonesia, as well as how the lawsuit registered trademark by the owner of the famous brands in Indonesia. Methods of research using this type of normative legal research. Source of data used are secondary data, which consists of primary legal materials, secondary, and tertiary. Data was collected with library research techniques and data analysis using inductive qualitative approach and dedukatif. Mark registration system in Indonesia is currently contained in that set in Trademark Law No. 15 of 2001 is a constitutive system but before Indonesia also familiar with declarative system adopted in the Brand Law No. 15 of 2001. The meaning is constitutive sitem party has registered its brand, it creates a registration rights to the trademark, registered parties he was the only one who has the right to a brand and third-party registrar must respect his rights as an absolute right. Registration of the trademark protection law known governed exclusively However the brands that have been registered are allowed to be given an explanation and how to brand holders may submit the registration against any other brand.   Kata kunci: Gugatan pembatalan, Merek, Merek terkenal
PERTANGGUNGJAWABAN DIREKSI ATAS PERBUATAN MELAWAN HUKUM YANG DILAKUKAN DALAM MENGURUS PERSEROAN TERBATAS Lorensia Perangin-angin; Bismar Nasution; T. Keizerina Devi Azwar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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Limited company, has some components such as RUPS, director and commissioners. Corporate as an Independent legal subject is artificia person, that need the director as a leader. In the same way, a company doesn’t have a function to run their rights and obligations without director’s help. Director’s existence in the company, it’s just like the life in that company. It is impossible for the company, without the director. On the contrary, It is impossible there’s a director without the company. Director’s function is to take care of the company to purpose and objectives of the company in accordance with  good ethics and responsibly. Conduct of the research is normative legal research. First step, the normative legal research based on the secondary law  materials. For example: an inventory of regulations relating to the civil law analysis in particular against setting regarding liability of Directors for tort commited in taking care of the company. It is also taken from the written materials relating to this issue. Director’s responsibility of tort of law, in taking care of the company is set out in article 97 paragraph (1) and (2) of Act Number 40 of 2007, which stated the board of Director is responsible to manage the company, where the mandatory clearance carried out each member with good ethics and full of responsibility. The directors are given the opportunity to defend himself with the business judgment rule. So, the court is obligated check for those decisions whether the actions of the director is indeed in the interest of the company and with good ethics and attention to minorities shareholder in that company. The director’s responsibility is including their own assets in case they are proven violate the duty of care and duty of loyality.   Keywords: Pertanggungjawaban, direksi, perbuatan melawan hukum
PEMINDAHAN HAK ATAS KEKAYAAN YAYASAN MENURUT UNDANG-UNDANG NOMOR 16 TAHUN 2001 JO UNDANG-UNDANG NOMOR 28 TAHUN 2004 TENTANG YAYASAN M. Rizky Faizha Putra; T. Keizerina Devi Azwar; Ramli Siregar
TRANSPARENCY Vol 3, No 1 (2013)
Publisher : Universitas Sumatera Utara

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The transfer of property rights foundation in regard to the provisions set forth in Law No. 16 year 2001 yo Act No. 28 of 2004 ("the Law Foundation"). The principle is based on the provisions stipulated in the Law on Foundations, the transfer of property rights by the Foundation with the approval of the Foundation Board of Trustees Foundation. Other terms and conditions relating to this notice shall further provisions in the Articles of Association of the Foundation. for example, who is authorized to represent the Board and how the shape of the approval granted by the Trustees. The research was conducted using the method of normative legal research or legal research literature, the data used are the primary legal materials, secondary, and tertiary, while the data collection is done with the study of literature (library researh). Based on the results of the study authors that the management of the property was also deemed necessary foundation rearrangement and self improvement. Management of the Foundation in a professional and efficient with the implementation of the principle of transparency in all its operations is a necessity at the present time. Foundation in the act represented by its officials. Monitoring of the board needs to be done because the board is difficult to interpret what the wishes of the stakeholders. This gives an opportunity for the Board to run the country or company based commentary on what is desired by stakeholders. Supervision is done by limiting the authority of the Board. Keywords: Transfer of property rights, the foundation   Keywords: Pemindahan Hak Atas Kekayaan, Yayasan
Co-Authors Afnila, Afnila Ali Mulyo Utomo Bastari Mathon Bismar Nasution Chastry Meher Cheryl Patriana Yuswar Dedi Harianto ELYSIA ZANETA Sinaga Hadita, Cynthia Hanif, Muhammad Farhan Haris Fadhilah Putra Harris, Abd. Hasim Purba HASIM PURBA Hilbertus Sumplisius M. Wau Hilbertus Sumplisius Wau INAS AMANTA Jelly Leviza Lorensia Perangin-angin M. Rizky Faizha Putra Marice Simarmata Marzuki, Rusdi Nurhilmiyah, Nurhilmiyah Oemar Abdallah Popy Roza Purba, Andika Temanta RAMLI SIREGAR Saidin, OK. Saputra, Reza Eko Siti Nurahmi Nasution Siti Rohana Hasibuan Sukarja, Detania Sunarmi SUPRAYITNO Susi Dwi Harijanti Tampub, Carl Augustinus Hothinca Soutihon Tan Kamello Utary Maharani Barus Utary Maharany Barus Waruwu, Ariful Hakim WINDHA WINDHA Yefrizawati Yefrizawati, H. M. Hasballah Thaib Zulkarnain Sitompul