Article Per Year (5 Year)
p-Index From 2019 - 2024
2.144
P-Index
This Author published in this journals
All Journal Reformasi Hukum Trisakti Amicus Curiae
Simona Bustani
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

Published : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 14 Documents
Search

 1   2 
ANALISIS HUKUM PERLINDUNGAN PENCIPTA ATAS KOMERSIALISASI LAGU YANG DILAKUKAN OLEH TELEVISI INDOSIAR Fadyah Suci Wulandari; Simona Bustani
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13828

Abstract

Protection of Intellectual Property Rights on copyright which includes economic rights and moral rights of the creator and/or copyright holder is needed, with the violation of the announcement and/or reproduction of copyrighted works that are not done with permission or license agreement. The formulation of this problem is how the arrangement of the legal protection of songwriters Bukan Pengemis Cinta based on the Copyright Act and how the role of LMK and LMKN in copyright protection. The research method used is normative, this research is descriptive, the type of data used is primary and secondary data, qualitative data analysis, and methods to draw conclusions using deductive logic. The results of this research, discussion and conclusion are the legal protection arrangements of creators and / or copyright holders have been regulated in UUHC in 2014 and PP No. 56 of 2021 this confirms the mandate of UUHC 2014 regarding royalty payments, LMK and LMKN play an important role for that, the establishment of this Institution is a way of solving problems experienced by creators and/or copyright holders who often experience obstacles in maintaining their economic rights to the commercialization of their copyrighted works.
PRINSIP ITIKAD BAIK DALAM PENDAFTARAN MEREK TYPE R MILIK HONDA MOTOR CO. LTD (STUDI PUTUSAN NOMOR 42/PDT.SUS-MEREK/2019/PN.NIAGA.JKT.PST) Widya Ananda; Simona Bustani
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13837

Abstract

The case of cancellation of registered trademark Handy Wijaya related to the element of bad faith in the registration of the trademark is similar in essence to the famous trademark of Honda Motor Co., Ltd. The problem is: how is the regulation of the principle of good faith in the registration of the TYPE R trademark owned by Honda Motor Co., Ltd. based on Law Number 20 of 2016 concerning trademarks and why the principle of good faith is not used as one of the legal considerations based on decision Number 42/Pdt.Sus-Merek/2019/PN.Niaga.Jkt Pusat. It is normative and qualitatively. The results of research, discussion and conclusion that the TYPE R Trademark owned by Handy Wijaya, proven to have similarities in essence with the Type R Trademark owned by Honda Motor Co., Ltd. regarding the shape, way of placement, way of writing, combination of elements or similarity of speech sounds which violates the principle of good faith in trademark registration in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications, where Handy Wijaya has been proven to register his trademark in bad faith which causes Handy Wijaya's TYPE R trademark to be canceled with all its consequences.
PERLINDUNGAN HUKUM HAK PATEN ALAT STERILISASI UNTUK PENGOLAHAN TANDAN-TANDAN KELAPA SAWIT Maulana Rizki Nov; Simona Bustani
Reformasi Hukum Trisakti Vol 5 No 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16789

Abstract

The patent holder is the party who gets the exclusive right and the person who gets the exclusive right from the inventor. In the case between FWT and PT. SKL and PT. PKBR in the FWT case owned a patent for a palm oil sterilization tool, but PT.SKL and PT.PKBR used the patent without permission, in Court Decision 46/Pdt.Sus-Paten/2020/PNNiagaJkt.Pst. the judge rejected the exception of PT. SKL and PT. PKBR and in the main case rejected FWT's lawsuit against the lawsuit filed. Formulation of the problem: how is the legal protection for the patent holder of the invention? This article is a normative legal research, descriptive, using secondary data, qualitative data analysis, deductive conclusion. The results of the research, discussion and conclusion are that the judge's decision is not in accordance with the time of the incident, that the judge's decision declaring the plaintiff's convention lawsuit rejected does not provide a sense of legal protection for the plaintiff. So that the legal protection of patents for sterilizers for processing oil palm bunches and similar fruits in court decisions does not reflect the mandate of Law 13/2016.
PERLINDUNGAN HUKUM HAK DESAIN INDUSTRI GENSET YANG PRODUKNYA TELAH DIPUBLIKASIKAN DI NEGARA LAIN DITINJAU DARI UU DESAIN INDUSTRI Rogomos Simamora; Simona Bustani
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18599

Abstract

Industrial Design is one form of IPR. However, there are still many disputes on applications for registration of industrial designs. The question What is the legal protection of industrial design rights holders of generators marketed in Indonesia according to the Industrial Design Law? and How is the analysis of the decision of the judge Central Jakarta Commercial Court regarding the generator industrial design dispute based on the Industrial Design Law? The research method is in the form of normative law with an analytical descriptive nature. Using primary data in the form of interviews to support secondary data. Qualitatively analyzed by drawing deductive conclusions. In conclusion, the legal protection of generator industry design rights holders marketed in Indonesia according to the Industrial Design Law is still inadequate and ineffective because it does not impose automatic substantive examinations related to novelty aspects and based on the author's analysis, the judgment is not in accordance with the provisions of the Industrial Design Law because the Plaintiff is not an interested party to cancel the industrial design based on the license to authorize. It should be Chongqing Longli Power Equipment Co., Ltd as the owner of industrial design in China.
Co-Authors Allya Nadhira Putri Amelia Nofianti Fadyah Suci Wulandari Maulana Rizki Nov Rogomos Simamora Shirley Natasha Suci Lestari Widya Ananda