Basyir , Abdul (2007) Analisis yuridis putusan perkara merek “kido” antara ikatan masyarakat manggarai – flores nusa tenggara timur (ntt) indonesia melawan pt. Konimex di pengadilan negeri sukoharjo. Masters thesis, Universitas Sebelas Maret Surakarta .
|PDF - Published Version |
This research is a doctrinal (normative) because the law is defined as the verdict created by judge(in croceto). The data employed was secondary data. The data collection was conducted by tracing the primary, secondary and tertiary law materials. Technique of collecting data used was a qualitative analysis technique with deduction logic. The results of research was then analyzed so that leads to a conclusion that both Judge Chamber judex factie and kasasi (appeal to the supreme court) have the same view in deciding the KIDO brand case and have ignored the provision in Act No: 15 of 2001 about The Brand particularly in Article 5 letter a, Articles 63, 67 and 68. This is because: Firstly, The Judge Chamber does not consider the law principles, namely the more general rule. Secondly, The Judge Chamber relies on the judge’s theory as the lawmaker and is highly affected by the pragmatical legal realism stating that the judge is reasonable to make law because the law always change along with the society progress, so that it does not consider the law regulation prevailing. Thirdly, both the judge verdict judex factie and kasasi will apparently make a verdict reflecting the benefit in business realm, but ignoring other basic law value, i.e. justice because in its law consideration concerning the absences of law violation action evidence in the act of the accused that is based on Article of 1365 of KUHPerdata and not related to the Brand Acts. In addition, the law certainty is not reflected in the verdict because it had implied that Judex Factie and Judex Juridis in this case have authority to try the KIDO case and ignore the law regulation that has obviously regulated the brand lawsuit resolution in commerce court. This research is expected to give recommendation and input for the judge in order to expand its conception in arranging the law consideration in deciding the verdicts, particularly in the brand lawsuit.
|Item Type:||Thesis (Masters)|
|Subjects:||K Law > K Law (General)|
|Divisions:||Pasca Sarjana > Magister|
Pasca Sarjana > Magister > Ilmu Hukum - S2
|Depositing User:||Riza Umami Nur K|
|Date Deposited:||25 Jul 2013 11:33|
|Last Modified:||25 Jul 2013 11:33|
Actions (login required)