In accordance with Law No. 20 of 2016 pertaining to Marks and Geographical Indications, trademark protection in Indonesia is only granted following registration under a constitutive system. This study aims to examine the pseudo-legal protection afforded to unregistered trademark owners in Indonesia. This study employs a normative legal research methodology because its focus departs from the ambiguity of norms, employing a statute approach and a conceptual approach. The technique for tracing legal materials involves document analysis techniques and qualitative study analysis. The findings of this study indicate that Mark Protection in Indonesia is granted only after registration in accordance with the constitutive registration system adopted by Law No. 20 of 2016 regarding Marks and Geographical Indications. Unregistered trademarks are not protected by law. Meanwhile, if an unregistered mark is used or imitated without permission or rights, the owner of the mark cannot file a lawsuit against the violator.
Criminal acts such piracy, copying, covering, distributing, and arranging musical works that belong to copyright holders, associated rights holders, and performers without a license or permission cannot be dealt with solely by illegal law enforcement under the Copyright Law. Furthermore, violators of piracy, song covers, music rearrangements without the consent of the copyright owners, associated rights, and performers shall face criminal penalties under Copyright Law No. 28 of 2014. This socio-legal research method study is a study that "integrates" doctrinal studies with social studies. In this study, using the postpositivism paradigm as the foundation of reality based on experience. To provide a sense of justice and legal certainty for copyright holders, connected rights, and future performers, the author's conclusions and recommendations are that the criminal provisions in Law No. 28 of 2014 respecting Copyrights that face juridical challenges should be reformulated. Besides, in the transition phase to the application of criminal sanctions provisions in the copyright law, Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 concerning Corruption as a legal subject in terms of Non-Tax State Revenue (PNBP) and Law No. 28 of 2007 concerning General Provisions on Tax Procedures, the legal subject can be seen from the non-payment of license taxes to the state treasury as state income.
This study aims to determine the response of the leadership of PTS and PTN rectors throughout Indonesia regarding the full exemption of UKT for students who are affected by the Covid 19 virus and the impact of criminal and civil law on leaders or higher education institutions. In the context of this problem, the authors see from the optical psychology of law aspects in the legal review process, with two approaches to religious norms and an approach with positive legal norms. Furthermore, to support the purpose of this study, the paradigm used in this study is the post-positivism paradigm. The results of the study show that, based on the formulation of the criminal provisions of Law No.12 of 2012 on Higher Education, criminal provisions are regulated for those who commit criminal offenses. Meanwhile, regarding administrative sanctions for PTS and PTN higher education institutions that violate it, they are subject to administrative sanctions. Of the various administrative sanctions that have been regulated, there are also no rules for PTS and PTN to get sanctions, if they do not give full UKT exemption to students. What is regulated relating to students is only in Article 76 (1) "the government, local governments, and / or tertiary institutions are obliged to fulfill the rights of economically disadvantaged students to be able to complete their studies in accordance with academic regulations.
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