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All Journal Masalah-Masalah Hukum Jurnal Media Hukum Jurnal Bina Mulia Hukum Nagari Law Review Unes Law Review Buletin Ilmiah Nagari Membangun SASI UNES Journal of Swara Justisia Andalas International Journal of Socio-Humanities (AIJOSH)

Delfiyanti Delfiyanti

Fakultas Hukum, Universitas Andalas, Indonesia

Author-ID : 4165448

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Veterinary Other

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The Form of Dispute Settlement in The Border of Sea Region of Asean State Members and Its Implications to Indonesia Delfiyanti Delfiyanti
Andalas International Journal of Socio-Humanities Vol. 2 No. 1 (2020)
Publisher : Lembaga Penelitian dan Pengabdian Universitas Andalas

The ASEAN Charter itself has been recently effective on 15th December 2008 after going through the ratification of the ASEAN state members that have ratified a charter that makes the regional bloc into an "legal" institution (Legal Personality) for the first time. As we know the relationship among ten ASEAN state members does not always work smoothly. Sometimes disputes arise also where the most frequently occurring case is concerned to the regional border or annexation of Malaysia-Singapore about the regional annexation of Batu Pateh, Thailand-Cambodia border as a seizure and the other border areas. Particularly in the sea region a dispute is often occurred among ASEAN state members since at some certain marine areas it is still not yet clear about the borders of its territory. This has resulted in overlapping claims among these countries. It influences the fishing areas where the fishing boats and fishermen would be considered illegal fishing when crossing the boundaries of sea claimed by a country. Though the sea areas are not yet clear about the ownership. Eventually it became a dispute among ASEAN state members. Hence, it takes ways of resolving disputes among ASEAN state members. In this case, the ASEAN Charter contains the methods for settling disputes among ASEAN state members. Indonesia itself is one of ASEAN state members which has sea border with some ASEAN state members which also have sea dispute. Therefore, Indonesia also participated and signed the agreement and will also be bound at later by the ways set out in the ASEAN Charter.

The Development of Economic Right Principle Implementation of Trademark Right in The Covid-19 Pandemic Era Najmi; Delfiyanti
Andalas International Journal of Socio-Humanities Vol. 3 No. 1 (2021)
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Andalas

The pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia. By the reasons, the study categorized by, first, the development of Economic Right principle implementation of trademark right in the pandemic era. Secondly, the challenge and effort an implementation of Economic Right principle of trademark right in trading at pandemic era. The study uses normative law method by literature study of related material and the data analysis uses qualitative. According of Act No. 20 of 2016, involves Trademarks and Geographical Indications, the trademark right is an exclusive one granted by the state to the owner for a registered brand for a certain period by using the mark or giving permission to other parties for it. However,it is difficult in current conditions to introduce a new trademark to society amid a weak economic situation so that most recognized trademark will be better able to survive amid the economic downturn in the covid-19 pandemic era. The situation result in violation of trademark ownership when a product is given a label from a previously brand so that a lawsuit can be filed. An interested party may file a lawsuit for the cancellation of a registered trademark and the cancellation submitted to the Commercial Court against the owner of the registered trademark.

ASEAN Territorial Trading Liberalization through ASEAN Charter Retification for Indonesia under the Legal Aspect Review M. Jhon; Delfiyanti
Andalas International Journal of Socio-Humanities Vol. 3 No. 2 (2021)
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Andalas

ASEAN Charter is the most important “legal instrument” and sucessor of Bangkok Declaration 1967. It also contain the status and position of ASEAN on the including agreement. The Charter come into effect since 15 December 2008 after ratification of ten ASEAN member-states. Indonesia was ratifying by Act No.38 of 2008 on ratification of ASEAN Charter. It had a legally binding to Indonesia. The content related to the establishment of ASEAN Economic Community in economy, socioculture, and security politics. Moreover, the agreement comprise a critical issue, trading liberalization or “ASEAN Single Market” through ASEAN Economic Community. Therefore, the ratification of ASEAN Charter gives significant influence to the Indonesia in the future. By the reasons, the objectives of research are, first, analyze the implication of Act No.38 of 2008 on ratification of ASEAN Charter to Indonesia in correlation with ASEAN Economic Community under legal aspect review, and second, analyze the challenge and opportunity in participation of ASEAN Economic Community as indonesia has ratified the Charter.

Co-Authors Azmi Fendri Ferdi Ferdi Ferdi, Ferdi Junaldi Ihsan Khairani Khairani M. Jhon Magdariza, Magdariza Monarisya Rialin Najmi Najmi Raji Saputra Reski Novita Syahrul Wetria Fauzi Yasniwati, Yasniwati Zainul Daulay

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