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All Journal SIGn Jurnal Hukum COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat
Muhamad Amirulloh
Universitas Padjajaran
Humanities Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Aktivitas Pedagang Fisik Aset Kripto Tidak Bersertifikat: Studi Perlindungan Hukum Bagi Investor Shellma Riyaadhotunnisa; Muhamad Amirulloh; Deviana Yuanitasari
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.211

Abstract

This study examines and analyzes the legal protection for Investors from the activities of uncertified crypto asset physical Traders. This study uses a normative juridical research method with a statute approach. The data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The collected legal material is then analyzed using qualitative data analysis methods. The results show that the Government has provided legal protection for investors from the activities of uncertified crypto asset physical traders based on Law No. 10 of 2011, CoFTRA Regulation No. 8 of 2021, and CoFTRA Regulation No. 11 of 2022. The crypto asset investment mechanism regulated in these laws and regulations is a form of preventive legal protection. In contrast, there is not a single CoFTRA Regulation that contains provisions on repressive legal protection for Investors suffering losses from uncertified Traders. However, Investors suffering losses from uncertified Traders can still take several legal actions: deliberation, civil lawsuit, and restorative justice on the criminal decision. Therefore, it is recommended for Investors to conduct crypto asset transactions with Traders by obtaining a registration certificate from CoFTRA. In addition, it is recommended to CoFTRA for more regulation on dispute resolution for Investors suffering losses from uncertified Traders. In this case, to create legal certainty and better legal protection in future crypto asset physical market trading.
Legal Protection Of Bank Financial Institution Brand Against Username Squatting Through Twitter Accounts Based On The Trademark Law And The Electronic Information And Transaction Law Rizka Alifia Zahra; Muhamad Amirulloh; Laina Rafianti
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 3 No. 06 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/comserva.v3i06.1026

Abstract

The use of a brand as a Twitter social media account is one way for brand owners to introduce their goods and/or services as well as a guarantee for their quality. The rise of fake Twitter accounts on behalf of the financial institution Bank Mandiri proves that trademark infringement does not only occur conventionally, but also through the scope of cyberspace. Writing this normative law aims to determine the qualifications for the act of using a bank's financial institution brand as a Twitter social media account and to determine what legal action should be taken by Bank Mandiri against those who use its brand without rights and permission. This research is a legal study employing the normative juridical approach method, a type of legal writing that is conducted by examining library data. The study applies a qualitative analysis method, connecting legal principles, norms, and theories to determine legal qualifications and consequences. The results show that using trademarks as social media accounts should be based on principles, including legal certainty, good faith, and neutrality within technology. Civil law measures offer a proportional legal remedy, seeking compensation for economic harm suffered. This study suggests the need for specific regulations to prohibit the registration and use of trademarks as social media accounts in the virtual space. This research contributes to the understanding of trademark protection in cyberspace, and provides legal guidance for financial institutions to address trademark misuse on social media platforms.
Co-Authors Deviana Yuanitasari Laina Rafianti Rizka Alifia Zahra Shellma Riyaadhotunnisa