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All Journal Reformasi Hukum Trisakti
Elfrida Ratnawati Gultom
Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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PEMBERLAKUAN ASAS CABOTAGE PERAIRAN SULAWESI TENGGARA BERDASAR-KAN INPRES JO UNDANG-UNDANG PELAYARAN Beby Ansel Apriliya Imran; Elfrida Ratnawati Gultom
Reformasi Hukum Trisakti Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (174.528 KB) | DOI: 10.25105/refor.v4i6.15014

Abstract

Indonesia has vast waters and the cabotage principle applies to connecting waters in Indonesia. The research’s problem: how to enforce cabotage principle in Southeast Sulawesi waters and how to empower Indonesian shipping in Southeast Sulawesi waters after cabotage principle enactment based on Presidential Instruction Number 5 of 2005 concerning Empowerment of the National Shipping Industry in conjunction with Law Number 17 of 2008 concerning Shipping. This research is normative and descriptive analytical legal research, using primary data to support secondary data, primary and secondary legal materials. The data is analyzed qualitatively and the conclusions drawn using deductive method. The conclusion is that the application of cabotage principle regulations in Southeast Sulawesi waters are going well, but cabotage principle has not carried out optimally. The positive impacts of cabotage principle implementation are: growing the country's economy, growing local companies, increasing the empowerment of human resources and reducing pollution and the negative impacts are in the form of a limited types of ships, one of which is mother vessels which are very few owned by Indonesia and because of this, the use of foreign ships is still being carried out due to the limited types of ships and high demand for services.
TINJAUAN YURIDIS SENGKETA KEPEMILIKAN MEREK SUPREME Ananda Putri Safira; Elfrida Ratnawati Gultom
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15429

Abstract

The Law No. 20 of 2016 Concerning Marks and Geographical Indications, which addresses brands and geographical indications, regulates the strong relationship between marks and unfair competition. The formulation of the problem in this study is how to resolve disputes over ownership of the SUPREME brand according to Trademark Law and whether or not the Judge's decision in the dispute over ownership of the SUPREME brand, Central Jakarta Commercial Court Number 10/Pdt.Sus-Merek/2021/PN.Niaga.Jkt.Pst, is appropriate or not according to Trademark Law. Normative legislation underlies this research approach, which has the nature of analytical descriptive research, the object of research is disputes over ownership of the SUPREME brand, collecting data through literature studies, analyzing data using qualitative analysis methods, and drawing conclusions using deductive methods. The results of the research and discussion show that it is not in accordance with the existing provisions, the judge does not accept the plaintiff's request because the lawsuit has expired. The conclusion is that the owner of the registered mark or the licensee can file a lawsuit against another party with the principal similarities or in its entirety, the Judge's decision can be said to be erroneous and not in accordance with the applicable law.
PEMBERLAKUAN ASAS CABOTAGE PERAIRAN SULAWESI TENGGARA BERDASAR-KAN INPRES JO UNDANG-UNDANG PELAYARAN Beby Ansel Apriliya Imran; Elfrida Ratnawati Gultom
Reformasi Hukum Trisakti Vol 4 No 4 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15014

Abstract

Indonesia has vast waters and the cabotage principle applies to connecting waters in Indonesia. The research’s problem: how to enforce cabotage principle in Southeast Sulawesi waters and how to empower Indonesian shipping in Southeast Sulawesi waters after cabotage principle enactment based on Presidential Instruction Number 5 of 2005 concerning Empowerment of the National Shipping Industry in conjunction with Law Number 17 of 2008 concerning Shipping. This research is normative and descriptive analytical legal research, using primary data to support secondary data, primary and secondary legal materials. The data is analyzed qualitatively and the conclusions drawn using deductive method. The conclusion is that the application of cabotage principle regulations in Southeast Sulawesi waters are going well, but cabotage principle has not carried out optimally. The positive impacts of cabotage principle implementation are: growing the country's economy, growing local companies, increasing the empowerment of human resources and reducing pollution and the negative impacts are in the form of a limited types of ships, one of which is mother vessels which are very few owned by Indonesia and because of this, the use of foreign ships is still being carried out due to the limited types of ships and high demand for services.
TINJAUAN YURIDIS SENGKETA KEPEMILIKAN MEREK SUPREME Ananda Putri Safira; Elfrida Ratnawati Gultom
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15429

Abstract

The Law No. 20 of 2016 Concerning Marks and Geographical Indications, which addresses brands and geographical indications, regulates the strong relationship between marks and unfair competition. The formulation of the problem in this study is how to resolve disputes over ownership of the SUPREME brand according to Trademark Law and whether or not the Judge's decision in the dispute over ownership of the SUPREME brand, Central Jakarta Commercial Court Number 10/Pdt.Sus-Merek/2021/PN.Niaga.Jkt.Pst, is appropriate or not according to Trademark Law. Normative legislation underlies this research approach, which has the nature of analytical descriptive research, the object of research is disputes over ownership of the SUPREME brand, collecting data through literature studies, analyzing data using qualitative analysis methods, and drawing conclusions using deductive methods. The results of the research and discussion show that it is not in accordance with the existing provisions, the judge does not accept the plaintiff's request because the lawsuit has expired. The conclusion is that the owner of the registered mark or the licensee can file a lawsuit against another party with the principal similarities or in its entirety, the Judge's decision can be said to be erroneous and not in accordance with the applicable law.
Co-Authors Ananda Putri Safira Beby Ansel Apriliya Imran