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Shevanna Putri Cantiqa; Ema Nurkhaerani

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bankruptcy as a debt settlement mechanism in Indonesia has a significant impact on all debtors' assets, including intellectual property rights such as trademarks. In practice, many companies have licensed trademarks to third parties before being declared bankrupt, resulting in legal uncertainty regarding the validity of the license agreement and protection for the licensee. This study aims to examine the implications of bankruptcy on the validity of trademark licenses and analyze the legal position of licensees according to the Bankruptcy Law. The research method used is normative juridical with statutory and conceptual approaches, as well as qualitative analysis of primary and secondary legal materials. The results show that the rights to the licensed trademark remain part of the bankruptcy estate and are under the management of the curator. The license agreement can be continued if it benefits the bankruptcy estate, but can be terminated by the curator if it is considered burdensome. The legal position of the licensee is highly dependent on the recording of the agreement at the DJKI and the policy of the curator. The implications of this research emphasize the need for clearer regulations to provide legal certainty and balanced protection for all parties involved in bankruptcy.

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.

Lena Susanti

Jurnal Riset Rumpun Ilmu Ekonomi 2025 Lembaga Pengembangan Kinerja Dosen

Handicrafts are an important part of the creative economy sector in Indonesia. The creative economy itself is an activity based on the use of intellectual property to create creativity, which aims to increase skills and income. The formulation of this research is that this research aims to determine the impact of the decrease in selling price on the production interest of artisans in Beleka Village and the factors causing the price decrease. This study uses a qualitative approach with a type of field research, subjects are selected purposively, with data collection techniques through observation and interviews. The validity of the data was tested using source triangulation, while data analysis was carried out through the stages of collection, reduction, presentation, and drawing conclusions. The results of the study show, first, the decline in the price of handicrafts in Beleka Village has a great influence on the enthusiasm and interest of artisans to stop producing. This is due to low selling prices and imbalances with the increase in raw material costs, which ultimately reduces profits. Second, Second, the decline in the price of handicrafts in Beleka Village is caused by several main factors. One of them is competition with bulk products that are cheaper and easily accessible in the market. In addition, changes in consumer tastes who tend to choose modern and practical products also contribute to reducing interest in traditional crafts.

Anugrah Pratama; Zainal Arifin Hoesein

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study analyzes the ambiguity regarding the obligation to mediate in resolving patent disputes according to the Patent Law, and its implications for the efficiency of the dispute resolution process. Although Article 153 and Article 154 of the Patent Law open up opportunities for dispute resolution through alternative mechanisms, the ambiguity regarding the obligation to mediate creates legal uncertainty that can hinder efficiency and increase dispute costs. Based on the Economic Analysis of Law approach, this study shows that the obligation to mediate can reduce social costs, accelerate the dispute resolution process, and increase overall economic efficiency. Mediation as an obligation can reduce the burden on the judicial system, minimize transaction costs, and create better legal and business stability. Therefore, this study encourages the implementation of the obligation to mediate in patent disputes to create a more efficient, fair, and profitable dispute resolution system for all parties involved.    

Teti Susilowati; Muryanto Agus Nuswantoro; Emy Susiatin

Bumi: Jurnal Hasil Kegiatan Sosialisasi Pengabdian kepada Masyarakat 2025 Asosiasi Riset Teknik Elektro dan Informatika Indonesia

This service aims to increase understanding of good business management among MSMEs in Salamsari Village, Boja District, Kendal Regency, especially in the field of marketing/promotion. Salamsari Village is a highland area with the majority of residents working as farm laborers and traders. Business actors, especially women, manage various processed food products such as criping, peyek, kembang goyang, savory cendol, widaran, tempeh chips, lumpit and sticky rice tape. However, marketing their products is still limited to a local scale and has not utilized digital media optimally. Apart from that, attention to packaging design is still minimal.Service activities include socializing marketing strategies in the digital era, such as the use of social media, online marketplaces, and attractive packaging designs. Before this activity, business actors did not fully understand the benefits of good marketing in increasing sales turnover, expanding market share and developing business. The service team provides education about online marketing that is cost-effective and effective in expanding market reach. As a result, MSME players showed high enthusiasm and realized the importance of appropriate marketing strategies, both offline and online, to support the sustainability of their businesses.This activity is expected to be able to encourage MSME players to increase their competitiveness, expand markets and increase turnover through the use of digital technology. The output of this service includes publications in accredited national journals, recording Intellectual Property Rights (IPR), and disseminating information through mass media.

Yetti Rochadiningsih; Muhammad Affan Syahrul; Maria Sari Megaputri; Syauqy Ushma Haris

Gemawisata: Jurnal Ilmiah Pariwisata 2024 Sekolah Tinggi Ilmu Ekonomi Pariwisata Indonesia

Borobudur's cultural heritage as a global tourism destination requires innovative strategies in local product development. This research examines the role of Intellectual Property (IP) in the industrial design of Upanat Sandals in increasing the competitiveness of the Borobudur National Tourism Destination (DPN) and its surroundings in the international arena. Through a normative legal research method with a descriptive-analytical approach, the study focuses on analysing industrial design regulations, IP documentation, and in-depth interviews with industry players and tourism stakeholders. Specifically, the research investigates how the Upanat Sandal industrial design can be a strategic instrument in building the identity and competitiveness of tourism destinations. The results revealed that IP protection on Upanat Sandals has the potential to create tourism product differentiation, encourage creative economy innovation, and strengthen Borobudur destination branding at the international level. The findings show that the development and protection of industrial design IP can be an effective strategy in increasing tourist attractiveness, presenting the uniqueness of local culture, and opening up new economic opportunities. However, the research also identified significant challenges, such as low public awareness of the importance of IP protection and the complexity of registration procedures that hinder the development of maximum potential.

Kheisa Rahma Adhadina; Muhammad Aldo Savero; Savira Eka Kusumawati; Nanjelina Adinda Fazya

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The rise of trademark and copyright issues in Indonesia is related to the reality of globalization in modern trade, because inventive progress often causes plagiarism difficulties and challenges the legal framework of modern intellectual property rights. In the case of Ruben Onsu and Geprek Bensu, this journal attempts to answer several issues from the problem. The research method used is juridical-normative with a qualitative approach to explore data and analyze related legal norms. This study explores copyright protection in the culinary industry, the tension between name ownership and trademark rights. This journal will focus on the urgency of trademark registration and how to resolve the Geprek Bensu dispute.

Yohannes Sepril Duarsa Siagian; Hajar Suwantoro

International Journal of Industrial Innovation and Mechanical Engineering 2024 Asosiasi Riset Ilmu Teknik Indonesia

Medan  as  the  capital  city of North  Sumatra  has  rapid  economic  development,  for instance in the creative industry sector. This development is in line with the large productive age rate which reached 69.99% and the increase in intellectual property applications  to  the  Ministry  of  Law  and  Human  Rights  from  North  Sumatra.  The rapid  growth  of  the  creative  industry  and  the  large  number  of  productive  ages require the right platform to encourage further development of the creative industry in the city of Medan. The right place for this is the creative industry center building facility.  The  facility  can  be  used  as  a  center  for  creative  industry  executants  to develop their businesses in various ways, such as workshops, exhibitions, seminars, and  so on.  This  facility  was designed  with  a  tropical  architectural  approach  in  an effort to respond well to the building's environment.

Achmad Nur Kholis; Moch. Zeinal Furqon; Ika Tri Nuraini; Sumriyah Sumriyah

Jurnal Pengabdian dan Perubahan Sosial 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to explore the potential of siwalan skewer woven plates as a typical local product of Pragaan Daya Village, Sumenep, and consider the need for Intellectual Property Rights (IPR) protection for these products. The background of this research is the great potential of local handicraft products that have not been fully utilized and legally protected, so that they are at risk of unauthorized reproduction. The formulation of the problems raised includes the potential cultural and economic value of this product, as well as challenges in the IPR registration process. The research uses a qualitative method with a case study approach, involving in-depth interviews and participatory observation to collect data from artisans and local community leaders. The results of the study show that siwalan skewer woven plates have unique raw materials and traditional woven techniques that are inherited from generation to generation. IPR protection is expected to increase product added value, strengthen local identity, and encourage the economic welfare of the Pragaan Daya community. Support from the government is needed to facilitate the IPR registration process and overcome the obstacles faced by the community in understanding the procedures and registration costs.

Nuha, Ulin; Faozi, Safik

DINAMIKA HUKUM 2024 Universitas Stikubank

Batik is a work of art that has unique cultural values. The existence of batik can be found at any time in all corners of the city of Pekalongan. Meanwhile, batik production and trading activities are active throughout the day, even late at night. The pulse of people's lives, which is never separated from batik, has given Pekalongan the image of a "batik city". This is quite relevant considering that the people of Pekalongan city cannot be separated from batik, batik has become the economic lifeblood of the people of Pekalongan. Pekalongan batik production is not only sold in the local market but has reached and penetrated the international market. As competition in the international batik industry has arrived, it is fitting for Pekalongan batik to receive legal protection. The legal protection in question is about intellectual property rights, one of which is related to the use of trademark rights. There are two problems in this research, namely how to obtain legal protection for brand rights, logos, batik motifs and models in Pekalongan and how to report criminal acts of misuse or counterfeiting batik logos/brands that have been registered with Intellectual Property Rights. This research was conducted using a normative juridical research model or a normative legal research method. The normative juridical research method is a library-based legal research method. In this research, research will be carried out by analyzing the problems being discussed relating to the regulations on Intellectual Property Rights, specifically Brand Rights. Then the author connects it with legal protection of brand rights for the Batik industry in Pekalongan. Research results Legal protection for copyright of batik motifs generally exists in the 2002 UUHC, as regulated in Article 12 letter i. Based on developments in the 1987 UUHC and 1997 UUHC, batik art that receives copyright protection is non-traditional batik art with the consideration that traditional batik art has become common property (public domain). In the 2002 Copyright Law, both traditional and contemporary batik receive protection. Legal protection for batik motif copyright is obtained automatically without registration. Copyright registration for Pekalongan batik motifs is still rarely done. UUHC 2002 basically protects the artistic work of batik craftsmen without having to register. This creates several problems, namely, new motifs created by batik craftsmen in Pekalongan are marketed, and within three months the printed batik will come out. Regarding this problem, the Pekalongan City and Regency Department of Industry and Trade has not yet taken action because basically most batik motifs in Pekalongan have not been copyrighted. If people want to protest and demand it, it will also cost a lot of money, even though most craftsmen in Pekalongan have little capital. The level of awareness and understanding of the public, especially small and medium industrial entrepreneurs, regarding copyright is still low, so this condition becomes even worse due to the lack of ability to access information, as well as understanding of relevant agency officials regarding the importance of copyright. Keywords: Brand Rights, Legal Protection, Pekalongan Batik

Ruhtiani, Maya; Naili, Yuris Tri

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article focuses on enhancing the understanding and awareness of MSME in the Banyumas region about the critical importance of copyright protection. Additionally, it provides assistance in the copyright registration process to improve the competitiveness of their products. A key challenge for MSME business owners in Banyumas is the lack of intellectual property protection, which makes their innovative products vulnerable to imitation and misuse, diminishing their incentive to innovate further. The methodology adopted for this study includes data collection through observation and document analysis. The findings reveal that the program effectively enhanced the knowledge of MSME business owners regarding copyright protection and the associated registration process. Moreover, the mentoring process encouraged greater participation by MSME business owners in using copyright as a tool for product protection. This initiative not only helps safeguard their intellectual property but also has a positive impact on increasing sales and product competitiveness in the marketplace.

Iqbal Iqbal; Noor Saptanti

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the problem of technological advances creating digital transformation in various aspects of life, one of which is art. Digital evolution in art, giving rise to various new creative expressions, one of which is Non-Fungible Tokens. NFT as a form of creative output has Copyright which is part of Intellectual Property Rights. Based on Government Regulation Number 24 of 2022 concerning Implementing Regulations for Law Number 24 of 2019 concerning the Creative Economy, Intellectual Property Rights can be used as a basis for financing the creative economy sector. This research aims as an effort to encourage the progress of the creative economy sector by examining NFTs as objects of Fiduciary Guarantees in order to optimize Intellectual Property Rights as the basis for financing schemes for the creative economy sector. This research is a prescriptive normative legal research. Types of secondary data include primary and secondary legal materials. The technique of collecting legal materials is done by literature study, then a conceptual approach is used. The results of this study indicate that NFTs have the potential to be used as objects of fiduciary guarantees, however, there are obstacles in regulations and mechanisms that have not been protected by the government, so it is necessary to adjust more specific regulations related to the use of digital assets in fiduciary schemes and education and increased digital literacy for financial institutions and creative economy actors regarding the potential and risks of using NFTs as objects of fiduciary guarantees.

Kristina Sanca Ngunas; Made Gede Subha Karma Resen

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Voice is one of the signs in a brand. Voice comes in in non-traditional brands. Sound marks are listed in Law Number 20 of 2016 concerning Marks and Geographical Indications. In the arrangements, there is still confusion regarding this matter, so that very few votes are registered in its implementation. A small number of vote registrations really creates problems of confusion in registration. This research uses normative research through a statutory and regulatory approach and a comparative approach. The results obtained from the research are that there are obstacles in registering sound as a brand so that sound brands are refused registration. This problem concerns the bad faith carried out by the registrant. Comparison of the regulation of sound as a brand in Australia and Indonesia has similarities and differences in registration. Australia has regulated sounds that cannot be registered and regulates the duration of sounds that will be branded. while Indonesia has not yet regulated this.

Daud Howu-Howu Saro Telaumbanua; I Made Dwi Dimas Mahendrayana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of writing this article is to analyze and understand how the law protects against software copyright infringement so that later we can find out how the law enforcement process works according to positive law in Indonesia. This research uses normative research methods as a reference in analyzing problems based on a statutory approach. The results obtained from this research are that software is a work that is protected by law so that anyone who violates these provisions can be subject to sanctions. Law enforcement proceedings can be filed based on civil proceedings or criminal proceedings and can be carried out in three ways of resolution, namely through alternative settlements, arbitration mediation bodies, or with commercial courts through Intellectual Property Rights.

Ida Bagus Nyoman Adhi Wiguna

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses Tokopedia's legal responsibility for each consumer if there is a mismatch between goods in online buying and selling. Even though regulations have been formed regarding the technical implementation of electronic commerce, in fact these regulations still have weaknesses in terms of legal protection because parties in electronic transactions, both sellers and buyers, are often disadvantaged by parties who violate agreements and dispute resolution provided through digital platforms is considered still detrimental to one party. The development of digital platforms has opened the door to economic and creative activities. However, this success also carries the risk of intellectual property infringement. This research will explain the background, provide the legal context, and detail the urgency of this research in the legal context in Indonesia.This research uses empirical research methods, and the approach used is a statutory approach (law) Case approach (Case) which is carried out at the level of horizontal synchronization, which measures the extent of a governing law and case.    

Komang Adi Utama Putra

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital age has brought significant changes in the protection of intellectual property rights (IPR), making it increasingly crucial to safeguard works and innovations from easy infringement. This research aims to analyze the civil liability for IPR infringers in the digital era, which involves the application of civil law principles such as the elements of fault, presumption of liability, and absolute liability. IPR regulations in Indonesia have evolved since the Dutch colonial period until now, adjusting to digital dynamics through various new laws and regulations. This research uses normative methods supported by empirical methods to analyze in depth the civil liability for perpetrators of intellectual property rights (IPR) infringement in the digital era. This approach allows researchers to evaluate legal principles and applicable regulations, as well as collect primary data from real cases, such as copyright infringement on online platforms. Analysis of empirical data from infringement cases provides tangible evidence of the application of the law and its impact. Thus, normative methods supported by empirical methods provide not only a strong theoretical foundation but also a practical context for more effective policy recommendations in protecting IPR.The case studies show that copyright owners can file a lawsuit and, if proven, perpetrators can be penalized to pay damages as well as court costs. Registration of IPRs provides legal certainty and strong evidence in court. Therefore, preventive legal protection through strict regulation and repressive legal protection through strict sanctions are essential to enforce IPR and prevent further infringement in the digital age. This study concludes that consistent law enforcement and increasing public awareness of the importance of IPR protection are crucial steps in facing the challenges of the digital era.    

Agus Wahyudi; Gresceilla Septiarini Anwar; Octavia Nuril Kamila; Danisa Rada Silviana

Jurnal Manajemen dan Ekonomi Bisnis 2024 Pusat Riset dan Inovasi Nasional

The creative industry sector has become one of the important contributors to national economic growth in many countries. This research aims to explore development strategies for the creative industry sector in Indonesia in order to encourage national economic growth. Using qualitative methods of literature study, this research analyzes various secondary data sources, including government reports, scientific journals, and publications related to the creative industry. The research findings reveal the great potential that Indonesia has in the creative industry sector, such as rich culture and diversity of creative resources. However, there are challenges that must be faced, such as the lack of supporting infrastructure, access to capital, and protection of intellectual property rights. This research proposes a development strategy that includes identification of leading subsectors, increasing competitiveness and innovation, as well as targeted government policies and support. By implementing this strategy, Indonesia can take advantage of the creative industries sector as a driver of sustainable economic growth and increase competitiveness in the global market.

Mochamad Aidil Adam; Yudho Taruno Muryanto

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the legal protection of performer song creators for the use of created songs that are commercialized without permission by the concert organizer. This research was conducted with juridical-normative research, which is sourced from primary legal materials from laws and regulations, while secondary data is obtained from written legal materials such as scientific journals, books, scientific articles, laws and regulations, and other related literature materials. The results of this study show that legal protection for song creators has been regulated in Law Number 28 of 2014 concerning Copyright. The protection provided by the UUHC to songwriters who are performers has not provided maximum protection. Therefore, it is necessary to regulate the intellectual property rights of performer songwriters and non-performer songwriters.

Margareta Vera Lema; Emmeria Tarihoran

Jurnal Pendidikan Agama dan Teologi 2024 International Forum of Researchers and Lecturers

This article discusses ethics and responsibility in the use of technology in the digital age, with a focus on the context of digital catechesis in Catholicism. Digital catechesis comes as an effort to convey knowledge and values of the Catholic faith by utilizing digital technology. This article will discuss digital catechesis in the context of the digital age, focusing on its benefits and challenges. In the digital age, language etiquette becomes very important to build harmonious relationships and avoid conflict. Technology has brought great changes in various aspects of life, including in the field of faith education. This research uses a qualitative method with a literature study approach to analyze related literature. Digital catechesis is the use of technology in faith learning and enables the dissemination of religious values in a more understandable and relevant way. Digital media such as video, audio, and social media facilitate active interaction and participation in catechesis. However, digital media also brings negative impacts such as intellectual property rights violations and potential misuse of information. Therefore, it is necessary to understand and apply proper ethics in the use of technology and utilize digital media as a tool to direct and guide the current generation towards repentance and good spiritual growth. Thus, digital catechesis can strengthen faith and guide the current generation in good spiritual growth in the digital age

Sheva Anneira Akbar; A. Mulia Rahmadinah Adnan; Fikri Aiman Naufal Azmi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Legal protection of intellectual property rights (IPR) in the digital era is important because of the increasing economic activity and innovation carried out online. The aim of this research is to understand the challenges and solutions in protecting IPR in the digital era and to evaluate the effectiveness of existing legal instruments. The method used is descriptive and qualitative analysis based on the latest literature and legal regulations related to IPR in the digital era. The research results show that the digital era poses new challenges in IPR protection such as copyright infringement, identity theft and content piracy. However, there have been efforts to address these challenges through regulations such as the Copyright Act and the WIPO Convention. However, implementation and enforcement are often hampered by technological complexity and jurisdictional limitations. In conclusion, legal protection of IPR in the digital era requires a holistic approach through collaboration between government, the private sector and civil society. It is important to continue to develop adaptive regulations and strengthen international cooperation in law enforcement to overcome the challenges faced.