The Importance of Trademark Registration to Obtain Legal Protection in Indonesia
Page Numbers : 428-432
DOI : 10.36348/sijlcj.2021.v04i06.013
Act No. 20 2016 About the Brand and Geographical Indications, the Brand is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, the arrangement of colors, in the form of 2 (two) - dimensional and/or 3 (three) dimensions, sound, hologram, or a combination of the 2 (two) or more elements of the set barag and/or services produced by a person or legal entity in the trading of goods/services. Rights to the Brand are obtained after the Brand are listed. The first Registration of the brand is a legitimate proof of the registered trademark. A trademark registration is also useful as a basis for rejection of the same brand its entirety or be in anyway that is requested by others for similar goods or services. In fact, in the implementation of the can't be done easily because not all the brand owners do the registration of the brand. This leads to brand not get legal protection, so it is very easy occurrence of violations of the use of the brand without the right of that harm the owner of the brand. Factor the brand owner did not register the brand, namely the owner of the brand is still low awareness of the law against the norms. Therefore, the other party can not use the registered trademark without the consent of the owner. If the brand that has been registered is not used in accordance with the provisions set out in the legislation, will result in registration of the mark concerned was abolished. Both Brands as assets of the company will be able to generate huge profits when utilized with attention to aspects of business and management good management. With the growing importance of the role of this brand then the brand need to put the protection of the law; as the object which it related rights of the individual or legal entity.
Original Research Article
June 24, 2021
Reposition of Local Genius in Batang Environment Society on Behalf of Indonesian Government Regulation of Giant 1000 MW Steam Power Plant Building
Page Numbers : 433-439
DOI : 10.36348/sijlcj.2021.v04i06.014
The construction of 2 X 1000 MW Steam Power Plants (PLTU) in Ujung Negoro Village, Karanggeneng (Kandeman District), and Ponowareng (Writing District) which is planned to have been implemented starting in 2011, since the tender was won by J. Power, Itochu and Adaro who later formed PT. Bhimasena Power Indonesia, which is expected to start operating in 2016, has encountered various obstacles, causing it to withdraw from the schedule that has been set. This delay is due to land acquisition by PT. Bhimasena Power Indonesia experienced obstacles in the form of refusal from the community to sell their land for the benefit of the Steam Power Plant (PLTU) Project in Batang Regency. The approach used in this research is socio legal research, because to know a comprehensive picture of the Reconstruction of Environmental Management in the Construction of PLTU in Batang Regency. “The study of law as law in action is a non-doctrinal and empirical social science study.
June 21, 2021
Bomb Thrown Incident in an Agricultural Land. Perplexed Act of the Perpetrators: A Real Crime Scene Report
Prof. T. Nataraja Moorthy, A. Manivannan, M. Muhammad Naeim
Page Numbers : 424-427
DOI : 10.36348/sijlcj.2021.v04i06.012
Currently, forensic crime scene investigators face challenges because of the diplomatic acts of the offenders. The actors are very cautious in leaving their evidence during crime operations and depositing their statements during interrogations. Researchers have shown that the investigators need to have the basic knowledge in science, engineering, and medicine fitted for legal or public argumentation. The major impediment to an investigation is the loss or removal of a piece/pieces of evidence from the crime scene. The reason is that human traffic at a crime scene is likely for items to move, misplace, or steal. Only a knowledgeable investigator can handle such critical situations efficiently and conclude the presentation in the legal system. The present case report is an example of such scenario wherein four persons were admitted to a government hospital with explosion injuries, investigated in Tamilnadu, India. They had alleged that when they were walking in an agricultural agricultural land, four persons (as named by the injured) had thrown bombs on them hidden behind a haystack. A case was registered u/s attempted murder and explosives act, and the named four persons from the village were brought to the police station for further investigation. Immediately many villagers have assembled near the police station and demanded the release of these four persons from the police custody since they were innocents and not at all committed the offense. The District Superintendent of Police directed the forensic crime scene investigator (CSI), the corresponding author (hereafter as TN), to assist the police investigation. Accordingly, the CSI immediately rushed first to the hospital with the Superintendent of Police and observed the injured and inquired them and the medical doctor who treated them and recorded their statements. TN then visited the alleged bomb blasting area and no possibility of explosion observed in the said site and finally opined that the allegation of bomb thrown on the wounded was false. The author uncovered the perplexed act of wounded forensically and the police arrested the wounded for crime act concealment and treated under police custody. Later the wounded were prosecuted and finally sentenced by the Honourable Judge, accepted the forensic findings.
Original Research Article
June 15, 2021
Inefficiency of the Code of Ethics for Judges in Indonesia
This qualitative article aims to examine the enforcement of the code of ethics and code of conduct for judges in Indonesia by the Judicial Commission as an external supervisor with the Supreme Court as the internal supervisor. The sub-optimal relationship between the two institutions is clear from the high number of reports of violations of the Code of Ethics and the Code of Conduct of Judges and the low rate of implementation of the recommendations of the Judicial Commission in the supervision of judges at the Supreme Court. There is an overlap between internal supervision at the Supreme Court, and the Supreme Court does not consider the Judicial Commission violations. According to the Judicial Commission, violations of the Code of Ethics and Judicial Code of Conduct are violations. As a result, public reports about violations of the judge's code of ethics and the recommendations of the Judicial Commission were ineffective, and breaches of the judges' code of ethics continued. The cause is the Judicial Commission's inefficiency and the tendency of protecting the corps of judges by the Supreme Court. To redress this, it is necessary to assign a single task and authority to the Judicial Commission and amend the Judicial Commission Law to create judges with integrity and dignity.
Original Research Article
June 15, 2021
Law Enforecement and Judiciary during COVID-19 Pandemic: A Study on Smart Cities of Eastern India
Upasana Mohanty, Anushka Sahu, Prof. Dr. Arpita Mitra
Page Numbers : 417-423
DOI : 10.36348/sijlcj.2021.v04i06.011
The precedent year that was engulfed by the COVID-19 pandemic and the resultant lockdown and shutdown, has had a huge catastrophic effect on economics, governments, and civil societies. No city is spared, thus, putting hefty pressure on local authorities and policymakers to respond swiftly and proficiently. The conceptualization of "Smart Cities" that varies from country to country, city to city, depending on the level of development have mitigated the challenge of the COVID-19 pandemic is a matter to be evaluated. Therefore, the current study aimed to explore the approaches and the course of action undertaken by the law enforcement officials and the judiciary in the smart cities of Eastern India to cushion against the adverse effects of the pandemic from the citizens' perspective. The study was conducted in December 2020 via a comprehensive questionnaire that was sent to the respondents living in the smart cities of Eastern India through the electronic platform for their response. The collected data were analyzed using the conventional analysis approach. According to the results, though the respondent's respective cities have had taken adequate measures to address the issues related to the pandemic, but still there exist many loopholes which should have been addressed. Given that the COVID-19 pandemic has a long-lasting effect on the structure and order for the smooth functioning of the cities, how the "Smart Cities" have shown their mettle as far as fighting of COVID-19 is concerned, thus, standing up to the tag that has been given to them is the main area of study in this paper.
June 14, 2021
Trajectories of Emerging Global Trade Regime on E-Commerce: Examining India’s Policy and Regulatory Conundrum
Dr. Surendar Singh, Utkarsh K. Mishra, Abhishek Negi
Page Numbers : 398-410
DOI : 10.36348/sijlcj.2021.v04i06.009
The digitization of the world economy has fundamentally transformed the nature of international trade and is creating new challenges for the global trading system. There is an intense discussion at the rule-making institutions like World Trade Organisation (WTO)/Regional Trade Agreements on trade rules and their role in addressing the challenges of digital trade in world economy. The rule shaping at multilateral and regional level creates centripetal and centrifugal forces for making a base for rule making at world level. Rapid changes in rule making coupled with robust trade and commerce in digital economy is creating ambiguous, uncertain and biased benchmarks at global level, which will pose significant trade challenges for developing economies like India to cope up with them. In this context, this paper attempts to analyse the developments on E-commerce rule-making in ever-evolving multilateral/regional trading system and inherent structural challenges that participating countries like India have to face in framing new rules on E-commerce at the World Trade Organisation. In the same vein, it must be mentioned that two categories of rules-Substantive and Adjective, currently exist in the current trade regime and it is significant to analyse how both the type of rules contribute in creating a conducive environment for International Electronic Commerce Trade Regime. In this light, the paper attempts to elucidate upon this contemporary rule regime while at the same time attempting to analyse the emerging challenges for E-commerce trade rules in context of bilateral, regional and multilateral trade agreements including the stance of India’s policy makers.
June 11, 2021
To What Extent Does the Law Provide Sufficient Protection for Those Who Enter Into a Contract with a Person Who, Through Age, Mental Illness, Or Intoxication, May Be Said to Lack The Capacity to Make a Binding Agreement?
Raphael Nyarkotey Obu
Page Numbers : 389-397
DOI : 10.36348/sijlcj.2021.v04i06.008
This paper was motivated as a student of the Business Law and ethics module as part of the generic Master of Business Administration (MBA) program. The paper therefore discusses the legal question “To What Extent Does the Law Provide Sufficient Protection for Those Who Enter into A Contract with A Person Who, Through Age, Mental Illness, Or Intoxication, May Be Said to Lack the Capacity to Make a Binding Agreement”? Indeed, every Contract is an agreement, but it is Not Every Agreement That Qualifies to Be Called a Contract.