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Rini B. A. Silitonga; Hulman Panjaitan; Paltiada Saragi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Protection of well-known trademarks is a crucial aspect of intellectual property systems, especially in the face of global trade dynamics and the development of digital technologies. This study aims to analyze the effectiveness of legal protection for owners of well-known trademarks from the perspective of court decisions in Indonesia. Using a qualitative method based on a normative juridical approach and case studies of court rulings (including the Hugo Boss and Superman cases), this research reveals that trademark protection in Indonesia remains reactive, dependent on litigation, and has not fully prevented the registration of confusingly similar trademarks by parties acting in bad faith. Moreover, the absence of objective standards for defining well-known trademarks and indicators of bad faith weakens legal certainty. On the other hand, courts have begun to show consistency in rejecting trademark registrations that violate the principles of well-known trademark protection, although this has yet to be supported by an adequate administrative system from the Directorate General of Intellectual Property (DJKI). The study recommends the establishment of technical regulations, strengthening DJKI’s capacity, and integrating protection systems with international norms as strategic steps to reinforce legal protection for owners of well-known trademarks in Indonesia.

Nurmayani Nurmayani; Siti Zahara; Cinta Febby Dewita; Indri Wahyuni; Putri Khairi Izwani +1 more

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

Divorce is a complex social phenomenon with significant impacts on families, especially children. In Islamic law, divorce is permitted as a last resort when household life cannot be maintained, although it is considered the most hated lawful act by Allah. This study analyzes divorce from the perspective of Islamic family law, focusing on the causal factors, legal impacts, and preventive measures. The main factors of divorce include disharmony in relationships, economic problems, the presence of a third party, and domestic violence. The legal impacts include child custody, division of property, and maintenance obligations, which are often not fulfilled by the ex-husband, causing inequality in legal protection for women and children. Recommended preventive measures include premarital education, family counseling based on Islamic values, and strengthening mediation institutions such as BP4. This study uses qualitative methods with literature analysis to provide a comprehensive understanding of divorce in Islamic law and its implications in Indonesia.

Tri Ayu Lestari

Globe: Publikasi Ilmu Teknik, Teknologi Kebumian, Ilmu Perkapalan 2025 Asosiasi Riset Ilmu Teknik Indonesia

The 2011 Tohoku tsunami stands as one of the most catastrophic natural disasters in Japan’s history, resulting in massive loss of life, extensive property damage, and severe disruption to infrastructure along the northeastern coast. This study aims to examine the physical characteristics of the Tohoku tsunami and critically evaluate the factors that led to the failure of Japan’s disaster mitigation systems. Utilizing an essay-based synthesis approach, this analysis draws from a range of previous research findings and post-disaster assessments. The tsunami was caused by a 9.0 magnitude megathrust earthquake off the eastern coast of Honshu, generating wave heights that exceeded 10 meters in several locations. The tsunami’s immense energy produced destructive currents that penetrated deep inland, surpassing the protection capabilities of existing coastal defenses.The study identifies several contributing factors to the mitigation system’s shortcomings: the design limitations of seawalls, which were not built to withstand such extreme events; delays and limitations in the early warning system’s ability to reach all at-risk populations in time; and inadequate public preparedness, as the event exceeded historical precedents and training scenarios. These vulnerabilities highlight the need for integrated, adaptive disaster risk management strategies.Drawing lessons from Japan’s experience, this study proposes recommendations for improving tsunami mitigation efforts in Indonesia. Key suggestions include reinforcing and redesigning coastal defense structures, advancing early warning technologies such as seabed sensors and coastal radar systems, and enhancing disaster literacy through public education and scenario-based training. By adopting a science- and technology-driven approach, Indonesia can strengthen its resilience and reduce vulnerability among coastal populations facing future tsunami threats.

Amiradiaty Nasution; Andri Noel Hasian Manurung; Benedicta Kesya Anindia

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In banking practice, cooperation agreements between banks and developers for providing Kredit Pemilikan Rumah (“KPR”) facilities often incorporate the buy back guarantee scheme as a form of security against the risk of debtor default. This scheme obligates the developer to repurchase the property as collateral in case of a loan default. The buy back guarantee scheme in KPR is essential for banks as a risk mitigation mechanism to ensure the recovery of disbursed funds, reduce the potential for non-performing loans, and provide legal certainty and protection against losses caused by debtor default. Therefore, it is necessary to analyze the legal protection available to banks bound by cooperation agreements for the provision of KPR facilities under the buy back guarantee scheme, taking into account the legal position of the banks and developers, as well as examining legal certainty and dispute resolution mechanisms applicable in cases of loan default.

Kresna Ayung Begawan; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the marriage agreement as an instrument of legal protection for both parties in a marriage, especially in terms of property ownership and financial responsibility. This study uses a sociological juridical method, with primary data obtained through interviews with a notary and secondary data from various legal literature, including Law Number 1 of 1974 concerning Marriage, the Civil Code, and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study indicate that the marriage agreement plays a role in preventing potential legal conflicts in marriage, both in monogamous and polygamous systems, and provides legal certainty for third parties, such as creditors or heirs. This agreement not only protects the rights and obligations of the husband and wife, but also ensures legal clarity in the division of assets and financial responsibility during and after the marriage.

Andreas Marfel Silaban; Beby Sendy

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer dispute resolution in Indonesia is an increasingly relevant issue, considering the high dynamics of transactions that occur in the goods and services sector, including in the property sector. Consumers, as the weaker party in business transactions, often face problems related to the quality of goods/services received, delays, unilateral cancellations, or even failure in property development. Therefore, resolving consumer disputes is very important and requires adequate legal protection. This type of research is normative juridical research. Normative research is literature research by examining theoretical approaches and concepts that examine consumer disputes. Normative juridical research is legal research that places law as a building system of norms. Problems arise when consumers in good faith have paid all Down Payment obligations, but the business actor actually takes a unilateral decision to cancel the apartment construction project. Consumers who have invested funds amounting to IDR 307,530,900 are trying to get a refund, but the business actor does not show responsiveness and good faith in the refund process. This situation finally forced consumers to take legal action by filing a lawsuit with BPSK Medan City on December 5 2022. This case is a clear example of the application of consumer protection and the importance of BPSK as an alternative for resolving disputes outside of court. This decision also reflects the principles of justice and legal certainty in consumer disputes, where agreed consumers can obtain their rights through an arbitration mechanism.

Putri Melati Nur Hidayah; Anjar Sri Ciptorukmi Nugraheni

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

This study compares the legal protection of pre-project selling property contracts in Indonesia and Singapore, focusing on the regulation of the position of PPJB, consumer protection, and the mechanism of transfer of ownership and payment. The approach used is normative with legislative and comparative methods, relying on primary and secondary legal materials through literature studies. Descriptive and comparative analysis reveal significant differences in the legal arrangements of the two countries. In Indonesia, Law No. 8 of 1999 and Law No. 1 of 2011 regulate pre-project selling through PPJB, but supervision is weak so that it often harms consumers, such as in the case of Meikarta. In contrast, Singapore has more detailed regulations, such as the Housing Developers (Control and Licensing) Act, which requires escrow accounts for consumer funds and strict payment schemes. Supervision and law enforcement in Singapore are more effective with strict sanctions against violations, reinforced by jurisprudence such as the Jurisprudence of Tan Eck Hong v Maxz Universal Development Group Pte Limited (2012) SGHC 240. This study concludes that legal protection in Singapore is more advanced than Indonesia, providing important recommendations for property law reform in Indonesia to prevent disputes and abuse in property transactions.

Angelina Dewi Permatasari; Larasati Rahmadhani; Lutfia Setiya Marsyalola; Muhammad Naufal Ramadhan; Dwi Desi Yayi Tarina

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

The Meikarta project as the "Shenzhen of Indonesia", is an ambitious initiative by the Lippo Group to develop a large property project in Cikarang, Bekasi Regency, West Java. Although it offers various modern facilities, this project faces various obstacles, including construction delays and uncertainty about the fate of consumers who have made payments. This problem is further complicated by allegations of violations of the law related to building permits (IMB) and non-compliance with the Regional Spatial Plan (RTRW), as well as bribery cases involving local government officials. This study aims to examine the legal protection provided to consumers in relation to the validity of agreements made in the Meikarta project, with a focus on the legal implications of unlawful acts and legal uncertainty due to corruption cases. This study uses a qualitative method with a normative legal approach, which examines applicable legal provisions, and an empirical approach, which examines how the law is applied in practice, as well as data collection techniques through case studies and legal literature. The results of the study indicate that there is abuse in the validity of contracts that are detrimental to consumers, as well as the negative impact of legal uncertainty caused by corrupt practices. Legal protection for consumers, including lawsuits and government intervention, is essential to prevent further losses. It is hoped that this research will contribute to the formation of better legal policies and more effective consumer protection in Indonesia.

Zeno Eronu Zalukhu; Yasmirah Mandasari Saragih; Fauzan Fauzan

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The Unitary State of the Republic of Indonesia is a country of law that guarantees justice and protection for its citizens. This protection is stated in the 1945 Constitution Article 28G paragraph (1), namely: "Everyone has the right to protection of themselves, their families, their honor, their dignity, and their property under their control, and has the right to a sense of security and protection from the threat of fear to do or not do something that is a basic human right". Fraudulent investment is an act of investment fraud, where the perpetrator asks for funds to be invested in a business that is in fact illegal and does not have a permit from the competent authority. This study aims to determine the form of legal protection for victims and to find out how to avoid fraudulent investment. The research method used is qualitative by using the type of literature study of journal analysis, or other media to become a literature reading that is arranged coherently and neatly. This literature study will look for various relevant articles by citing from various sources.