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Sanjaya, Suyono
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Law, Crime, Criminology & Criminal Justice

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Legal Protection Of Foreign Famous Marks That Are Not Registered In Indonesia According To Law Number 20 Of 2016 Concerning Marks And Geographical Indications Ubaidillah, Nauval; Rahmatiar, Yuniar; Sanjaya, Suyono
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19694

Abstract

A brand is a symbol of the identity of an economic product that has a price that encourages producers to continue to compete and innovate in any way so that the brand becomes popular among the public. Brands also contain a promise from the manufacturer to continue to provide certain characteristics, benefits and services to consumers. Brands in Indonesia are regulated in Law Number 20 of 2016 concerning Brands and Geographical Indications, however, brand disputes in Indonesia still often occur even though there is already a law that regulates these marks. Here the author takes the example of the Segovia brand dispute case between Kim Soo Jung, owner of the famous Segovia brand, and Yu Kei Man, an Indonesian citizen (WNI) who created and owns the Segovia brand in Indonesia, in the Supreme Court decision Number 29/Pdt.Sus-Merek/ 2023/PN.Niaga.Jkt.Pst. The method used in this research is normative juridical, namely by examining statutory regulations and legal theory that are related to the dispute issues raised above. The results of this research show that the Supreme Court Decision Number 29/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst. has provided legal protection for well-known foreign brands that were not previously registered in Indonesia, this protection takes the form of canceling the Defendant's Segovia brand from the general list of brands of the Directorate General of Intellectual Property Rights. So well-known foreign brands that have not been registered in Indonesia still receive legal protection so they are protected from people who do not have good intentions with the famous brand.
LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG Asnanda, Anggraeni; Rahmatiar, Yuniar; Abas, Muhamad; Sanjaya, Suyono
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1191

Abstract

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.
Co-Authors Asnanda, Anggraeni Muhamad Abas Rahmatiar, Yuniar Ubaidillah, Nauval