ARGUMENTASI PERMOHONAN PENINJAUAN KEMBALI TERPIDANA ATAS DASAR TERDAPAT NOVUM DAN PERTIMBANGAN JUDEX JURIS MEMUTUS TINDAK PIDANA DI BIDANG MEREK (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 58 PK/PID.SUS/2015)

Santika, Sara (2017) ARGUMENTASI PERMOHONAN PENINJAUAN KEMBALI TERPIDANA ATAS DASAR TERDAPAT NOVUM DAN PERTIMBANGAN JUDEX JURIS MEMUTUS TINDAK PIDANA DI BIDANG MEREK (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 58 PK/PID.SUS/2015). Other thesis, Universitas Sebelas Maret.

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    Abstract

    SARA SANTIKA. E0013373. ARGUMENTS of JUDICIAL REVIEW APPLICATION for DEFENDANT BASED on NOVUM and JUDEX JURIS CONSIDERATIONS ADJUDICATE TRADEMARK CRIMES (CASE STUDY at SUPREME COURT’S VERDICT NUMBER 58 PK/PID.SUS/2015) Faculty of Law Sebelas Maret University. The purpose of this research is to find out arguments for filing judicial review by Defendants and consideration of Supreme Court judges in examining and deciding the criminal act case in Trademark. Cases reviewed in Supreme Court Decision Number 58 PK / Pid.Sus / 2015 is a Trademark cases of violations. Defendants in around October 2010 and around January 2011 located at Jalan Angkasa Toko No. 31 Pekanbaru and at Toko Jaya Raya, Jalan Melati No. 31 Pekanbaru been using the same Trademark in essence belongs to a registered Trademark is Number IDM000094726 for similar product which Trademark Gold Fish cards in the name of the Trademark’s owner Surya Thamsir, while Trademark Siam Fish is owner by Defendants. This research is normative legal research prescriptive and applied with case approach. Legal materials primary and secondary collection techniques used in this research is a literature study (library research). Researcher using syllogistic deductive logic analysis method in this study. Based on the result of research and discussion resulted the conclusion that argument Defendant apply for Judicial Review by reason there is a Novum has fulfilled provisions in Article 263 paragraph (2)letter a Criminal Procedure Code namely Judicial Review on the basis if there are new situation that give rise to a strong presumption, that if the situation already known at the time of the trial is still ongoing, the result would be acquittal or a verdict free from any lawsuits or claims the prosecutor can’t be accepted or applied to the case milder penal provision. Novum include Mark Certificate dated January 3, 2014, Certificate of Notary Guan Shijie and “Stamp Book Saturater With Emotion” book is justified by Supreme Court and prove that the act Convicted Liong Kok Hui is not a criminal act. Supreme Court decision is releasing Defendant from every lawsuits has fulfilled with Article 266 paragraph (2) letter b of the Criminal Procedure Code that if the Supreme Court to justify the applicant, the Supreme Court overturned the verdict of the requested judicial review it and make a decision that can be either (1) the decision is acquittal; (2) the decision free from any lawsuits; (3) decision is unacceptable Public Prosecutions; (4) the decision to apply the provisions of the criminal lighter. Keywords: Judicial Review, Novum, Trademarks Crime.

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Fakultas Hukum > Ilmu Hukum
    Depositing User: Pratama Wisnu
    Date Deposited: 13 Apr 2017 22:47
    Last Modified: 13 Apr 2017 22:47
    URI: https://eprints.uns.ac.id/id/eprint/33512

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