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Ni Ketut Ayu Diah Sapitri

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Trademarks not only serve as product identities but also represent the reputation and trust built by a company over the long term. In increasingly fierce global competition, legal protection for brands, especially well-known brands, is crucial. This study examines the legal implications of alleged trademark infringement by the Louis Vuitton Dak restaurant in Korea, which resembles the luxury brand Louis Vuitton. The purpose of the study is to analyze the application of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and to assess the effectiveness of law enforcement against such violations. The method used is normative juridical with a statutory and conceptual approach. The analysis focuses on similarities in principle, the element of bad faith in trademark registration, and violations of exclusive rights to well-known brands. The results of the study indicate that although regulations have provided protection, law enforcement in practice still faces various obstacles and has not fully created a deterrent effect.

Nadira Zahra Faisal

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This study aims to analyze the legal status of jointly managed social media accounts within the framework of marital property in Indonesia. The growth of the digital creative economy has transformed social media accounts into productive assets with economic value, yet Indonesian civil law has not provided legal certainty regarding their ownership status following divorce or death. The research method employed is normative legal research with a comparative legal approach. The results indicate a regulatory void in Law Number 1 of 1974, which remains oriented toward physical objects, while digital accounts are often regarded as personal rights tied to the registered individual. Conversely, digital regulations in the European Union, through the General Data Protection Regulation (GDPR) and the concept of digital estate, have begun to accommodate the continuity of access and management of digital assets for relevant parties. The discussion emphasizes the need for a redefinition of assets in Indonesian family law that synchronizes privacy rights with economic rights. In conclusion, productive social media accounts should be qualified as marital property through progressive interpretation or prenuptial agreements. This study recommends the synchronization of personal data protection regulations and marriage law to ensure distributive justice for couples in the digital economy era.

Ido Pranata Nainggolan

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Micro, Small and Medium Enterprises (MSMEs) play a strategic role in the Indonesian economy, but still face significant obstacles in intellectual property rights protection, particularly patents and trademarks. This study aims to analyse the legal aspects of patent and trademark registration for MSMEs based on the Indonesian legal framework, with a focus on the implementation of Law No. 28 of 2014 on Copyright and related intellectual property regulations. The research method uses a normative legal approach with a literature analysis of legislation, scientific journals, and the latest statistical data. The results of the study show that the level of patent and trademark registration by MSMEs in Indonesia is still very low, with only 2.3% of MSMEs having registered their trademarks in 2023. The main obstacles include limited legal understanding, high registration costs, complex administrative procedures, and a lack of socialisation. This study recommends simplifying regulations, subsidising registration costs, improving legal education, and strengthening synergy between the government, academics, and MSME actors to improve the protection of intellectual property rights in the MSME sector in Indonesia.

Rachmat Arnanda; Saidatuningtyas, Ifa; Ardhan, Dhea Tisane; Khoirunnisa, Ratna

Jurnal Pengabdian dan Solidaritas Masyarakat 2026 Lembaga Pengembangan Kinerja Dosen

This community service program aims to enhance the understanding and awareness of Micro, Small, and Medium Enterprises (MSMEs) regarding the importance of Intellectual Property Rights (IPR) certification as a form of legal protection and a means to improve business competitiveness. The activity was conducted in RW 04, Pondok Rajeg Village, Cibinong District, Bogor Regency, targeting local MSME actors. The program employed a Community Based Research (CBR) approach, emphasizing active community participation through problem analysis, target assessment, program development, and implementation stages. The main activity consisted of counseling sessions covering the concept of IPR, types of IPR, benefits of ownership, and online registration procedures through the Directorate General of Intellectual Property (DGIP). Evaluation was carried out using pre- and post-activity questionnaires. The results indicate that although all participants recognized the importance of IPR protection, their initial level of understanding was relatively low. Following the counseling session, there was a significant improvement in participants’ knowledge of IPR types and registration procedures. This program is expected to encourage MSMEs to register their intellectual property to protect innovation and enhance sustainable business competitiveness.

Seri Mughni Sulubara; Riska Riska; Nurhayati Nurhayati; Amrizal Amrizal; Ashari Efendi

Jurnal Pengabdian dan Pembangunan Lokal 2026 Lembaga Pengembangan Kinerja Dosen

Intellectual Property Rights (IPR) are the result of human thought that have economic and social value and play a significant role in encouraging creativity, technological innovation, and sustainable national development. IPR protection not only aims to provide legal certainty for creators and rights holders, but also serves as a strategic instrument in strengthening the creative economy. However, low public awareness of the importance of IPR protection and the gap between legal norms and practices in the field result in frequent violations of intellectual works. This study uses a normative-juridical approach combined with a participatory-educational approach, in accordance with the characteristics of community service activities in the legal field. This approach aims to integrate normative legal analysis with legal education activities for the community, thereby producing both conceptual understanding and practical benefits. The results of the activities show a significant increase in public understanding of the relationship between constitutional principles and IPR protection in Indonesia. Through educational activities and legal dialogues, it was revealed that the integration between constitutional principles and the IPR legal system has not been optimal, not only due to limited regulations, but also weak public legal awareness and the application of substantive justice as mandated by the 1945 Constitution. These findings emphasize the importance of integrating constitutional values ​​in the IPR protection system.

Bintang Ulya Kharisma

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.

Novita Wulan Sari; Ernu Widodo; Sri Sukma Damayanti

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

Yovita Eka wulandari; Shelvi Amalia Putri; Rizki Silvia; Iqbal Syarifudin; Firza Agung Prakoso

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the responses and levels of understanding of eleventh-grade students at SMA Negeri 4 Pasuruan City regarding trademark disputes, particularly the “Geprek Bensu” case. The research employs a descriptive quantitative approach, with data collected through questionnaires distributed to students as respondents. The questionnaire was designed to describe students’ understanding of the concept of trademarks, the benefits of trademark registration, and their views on the causes of trademark disputes. The results indicate that most students are familiar with the “Geprek Bensu” case and understand trademarks as a business identity and a means of product differentiation. The majority of respondents are also aware that trademark registration provides legal protection and exclusive rights to the trademark owner. However, students’ understanding of trademark law remains varied, as some respondents still associate trademark ownership with popularity alone. In addition, students demonstrate a positive attitude toward the importance of intellectual property education from an early stage through formal education. These findings emphasize the need to strengthen Intellectual Property Rights literacy at the secondary school level in order to enhance legal awareness and prevent trademark disputes in the future.  

Shohibul Umam; Hafidz Taqiyuddin

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Dowry and slaves are two different things. Mahar is property or something given by a husband to his wife as part of their marriage. This is supported by a hadith from Muhammad Shallallahu 'Alaihi wa Sallam which says "Marry a woman with a dowry even if it's only a piece of egg." (Narrated by Bukhari). Meanwhile, slaves are human beings who are the same as other people and have rights that must be respected. There are several hadiths from Muhammad Shallallahu 'Alaihi wa Sallam which emphasizes protection for slaves. One example is "Indeed Allah Subhanahu wa Ta'ala will empower three people: a young man who is given an advantage by Allah in worship, a man who donates alms in secret so that his left hand does not know what his right hand is doing, and a slave owner who are honest and treat them well." (Narrated by Bukhari). This shows that slaves must be treated fairly and well by their employers and must not be seen as merchandise or exploited to work without pay.

Gabe Putra Lumban Batu; Roida Nababan

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Marriage is a basic human need that involves an official agreement between husband and wife, regulating rights and obligations, including the ownership and management of joint property. Under Indonesian law, property acquired during marriage is considered joint property, which often becomes a source of conflict during divorce. To prevent this, Indonesian law recognizes the existence of a marital separation of property agreement, which regulates the separation of assets between spouses from the beginning, whether before or during marriage. A separation of property agreement provides legal protection for personal assets, protects one party from being liable for the partner’s debts, and reduces the potential for disputes during divorce. Therefore, it is important for the public to receive socialization and legal education about the separation of property agreement in marriage to increase understanding of its benefits and protect the rights of married couples in both marriage and divorce. Legal education on this matter can help reduce disputes over joint property and offer better protection for couples who wish to clearly and legally manage their assets.

Hana Bella Sartika; Muhammad Arvin Aldrich Romero; Fitrisia Gita; Budi Setiawan

Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan 2025 Lembaga Pengembangan Kinerja Dosen

Business legality is an urgent need for MSMEs, particularly in the food sector, which faces strict regulations and high risks to food safety. However, many MSMEs still lack a Business Identification Number (NIB) or Intellectual Property Rights (IPR) protection due to low digital literacy and a lack of understanding of licensing procedures. This situation emphasizes the urgency of mentoring so that MSMEs can operate legally and be legally protected. This Community Service Program (PKM) aims to assist the Golden Kriuq MSME in obtaining an NIB and increase business owners' understanding of the importance of IPR, branding, and digital marketing. The implementation method uses a qualitative approach through observation, interviews, education, documentation, and direct mentoring. Activities carried out include NIB registration through the OSS Indonesia application, logo, banner, and menu design, business Instagram account creation, location determination on Google Maps, and education on the stages of brand registration through the DJKI system. The results show that Golden Kriuq successfully obtained an NIB, has a more consistent visual identity, and has a more professional digital presence. The program's impact is evident in increased awareness of legality, digital administration readiness, and businesses' ability to compete more professionally and sustainably.

Dikriyah Dikriyah; Nikhlah Ziyadaturrohmah; Siti Nur Azizah Azizah; Agus Ali Dzawafi

A comparison between classical and contemporary interpretations regarding the law of theft contained in Surah Al-Mā’idah verse 38, which stipulates the punishment of hand amputation for theft. This verse has long been the basis of Islamic jurisprudence, but its interpretation has evolved over time. The method used is qualitative with a literature study approach, which examines classical sources of interpretation such as Tafsīr al-Qurṭubī and contemporary interpretations such as al-Mishbāḥ. The research findings show that classical interpretations view this verse textually and normatively, with a focus on the application of hudud law as a form of justice and protection of property rights, as well as the imposition of strict conditions to avoid misuse. Meanwhile, contemporary interpretations view this verse contextually and humanistically, paying attention to social, economic, and humanitarian conditions. The punishment of hand amputation is understood not only as physical punishment, but also as a tool for moral education, crime prevention, and protection of community welfare. Although both share the same goal of upholding justice and safeguarding the welfare of the people, contemporary interpretations emphasize a more flexible application of law to align with the values ​​of social justice in the modern era. Thus, this study emphasizes the importance of contextualizing the understanding of Islamic law without neglecting the principles of sharia, which balance justice, humanity, and the welfare of the people.

Triwanto Triwanto; Puspaningrum Puspaningrum; Dita Permata Sari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.

Najwa Putri Pratiwi; Cahyawiati Cahyawiati

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

Marriage agreements frequently give rise to juridical issues when intersecting with inheritance law, particularly within the context of second marriages. This study is based on an inheritance dispute examined in the Palangka Raya District Court Decision Number 21/Pdt.G/2022/PN.Plk, wherein the second wife argued the existence of a marriage agreement to annul the inheritance rights of children from the previous marriage. Using a normative juridical method with statutory and case approaches, this research evaluates the agreement’s validity against formal registration requirements and freedom of contract limitations. The findings indicate that the marriage agreement invoked by the defendant was declared invalid and lacked binding legal force due to noncompliance with the formal registration requirements under Article 29 of the Marriage Law and the inclusion of clauses contrary to inheritance provisions in the Civil Code, particularly concerning the rights of children as lawful heirs. Consequently, the disputed property was classified as marital property to be distributed among all heirs in accordance with applicable law. This study affirms that freedom of contract in marriage agreements is limited and cannot override legal protection of legitimate heirs.

Ahnaf Nur Fauzan Romadhon; Ai Nazwa Nurbayati; Darmana Aries Setiawan; Farrel Ar Rasyid; Enjang Rohiman

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of digital technology has driven the advancement of the gaming industry in Indonesia, including the emergence of local games such as DreadOut by Digital Happiness, which has gained international recognition. However, this success is accompanied by serious challenges in the form of piracy through illegal websites that harm copyright holders. This study aims to analyze the legal protection of the game DreadOut against piracy practices based on Law Number 28 of 2014 concerning Copyright. The method used is a normative juridical approach through statutory analysis and literature study. The findings show that DreadOut is a copyrighted work categorized as a video game and is legally protected. Nevertheless, law enforcement against piracy still faces various obstacles, such as the complaint-based offense system, low public awareness, and the ease of access to piracy sites. Therefore, stronger inter-agency cooperation, policy reforms to shift complaint-based offenses into ordinary offenses, and public education to increase respect for intellectual property rights are needed. Effective legal protection will support the growth of the local gaming industry and ensure the sustainability of Indonesian creative works in the digital era.

Indinastin Indinastin; Munir Munir; Sugianto Sugianto; Kismiadi Kismiadi; Olivia Rahayu +7 more

FUNDAMENTUM : Jurnal Pengabdian Multidisiplin 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Micro, Small, and Medium Enterprises (MSMEs) in Indonesia often face challenges in protecting their Intellectual Property Rights (IPR), particularly due to limited understanding of trademark, copyright, and product design registration. This lack of legal awareness reduces competitiveness and increases the risk of ownership disputes. This Community Service Program aimed to enhance the legal knowledge and awareness of MSMEs regarding IPR through an interactive counseling activity in Bacang Subdistrict, Pangkal Pinang City. The method included material presentation, interactive discussions, IPR registration simulations, and evaluation using pre-test and post-test. The activity was attended by 25 participants from various business sectors. The results showed a significant improvement in participants’ understanding, as evidenced by the average pre-test score of 43.08 increasing to 77.08 in the post-test, representing a 79% improvement. Beyond knowledge enhancement, participants also demonstrated a shift in mindset, with the majority expressing a commitment to initiate IPR registration steps. These findings confirm that practice-based counseling combined with interactive discussions is effective in increasing MSME legal awareness and supporting the protection of intellectual assets through IPR mechanisms

Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Risky Risky; Isnina Isnina; Tengku Erwinsyahbana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

I Dewa Made Satya Dwisadewa; Dewa Ayu Putri Sukadana; I Gede Agus Kurniawan; Ni Putu Sawitri Nandari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.