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Article
Publication date: 3 December 2020

Pujiyono Pujiyono, Bambang Waluyo and Reda Manthovani

The purpose of this paper is to analyze how Indonesian laws regulate the existence of famous brand. In case of brand Pierre Cardin, which had the elements of a famous brand…

Abstract

Purpose

The purpose of this paper is to analyze how Indonesian laws regulate the existence of famous brand. In case of brand Pierre Cardin, which had the elements of a famous brand including brand reputation obtained because of the public’s general knowledge, intensive and massive promotion, investment made by the owner in several countries, including Indonesia.

Design/methodology/approach

This study is a normative legal research conducted statutory approach reviews through court decisions in Indonesia which related to famous brands such as Pierre Cardin. The analytical method analyzes the law, the legal rulings and the famous brand case of Pierre Cardin, which became one of the sources of Law of Marks in Indonesia. The next method is a description that compares the famous brands such as Pierre Cardin in Indonesia and France.

Findings

The research of this paper shows that brand Pierre Cardin is one of the world’s leading brands and has registered its brands in several countries in the world. The threat to well-known brands in Indonesia is the regulation of which Indonesia has weaknesses. In Indonesia, the Law of Marks enables the state to receive registrations of similar brands, and when a dispute occurs, it allows the judge to make a decision threatening the existence of goodwill.

Research limitations/implications

This research discusses the legal aspects of famous brands in Indonesia that hold the constitutive system and particularly the legal threat against a famous brand in Indonesia, Pierre Cardin.

Practical implications

This paper discusses the threats that will occur in famous brands that registered in many countries, such as Indonesia. This became a reference for the famous brand company to be able to adjust the law in Indonesia.

Social implications

This paper informs the legal threats can be a weakness of law in Indonesia; therefore, the governance should revise the regulation about marks to accommodate the existence of famous brands company in Indonesia. This paper gives recommendations for government to be more flexible to regulate the registration for the famous brand and tighten regulation of brand rights for local brands to avoid infringement in Indonesia. The protection of brand rights for a famous brand company in Indonesia can be realized and will be possible.

Originality/value

This paper is original and must-read. This research can be a reference for famous brand companies that will register brand rights in Indonesia because it discusses about the case between Pierre Cardin brand in Indonesia and French. This paper gives perspectives based on the Law of Marks in Indonesia. Furthermore, this paper also discusses some Law of Marks in Indonesia that should be strengthened.

Details

International Journal of Law and Management, vol. 63 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 25 October 2022

Pujiyono Suwadi, Priscilla Wresty Ayuningtyas, Shintya Yulfa Septiningrum and Reda Manthovani

This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in…

Abstract

Purpose

This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in using telemedicine.

Design/methodology/approach

This normative legal study used secondary data comprising primary and secondary legal materials based on the law as a norm. The normative legal method was used because the data were based on laws and regulations, reports, journals and research governing telemedicine in Indonesia and the USA.

Findings

The results showed similarities between Indonesia and the USA regarding health services as part of protecting human rights. The differences in implementing telemedicine are from a legal aspect. The legal comparison of telemedicine implementation between the two countries resulted in differences in regulation, informed consent, medical records, practice licenses and medical prescriptions.

Research limitations/implications

This study discussed telemedicine’s legal aspects in Indonesia and the USA.

Practical implications

This study aimed to determine the implementation and guidelines used by the USA to be considered for adoption by Indonesia for legal certainty.

Social implications

The results showed that legal threats could be a weakness of law in Indonesia. Therefore, the government should develop guidelines about telemedicine to accommodate citizens’ legal protection and certainty.

Originality/value

This study is original and could be used as a reference for policymakers in Indonesia and the USA in protecting citizens using telemedicine services. The findings provide a perspective based on Health Law in Indonesia.

Details

International Journal of Human Rights in Healthcare, vol. 17 no. 3
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 13 November 2017

Pujiyono, Jamal Wiwoho and Wahyudi Sutopo

This paper aims to provide an overview of existing condition, rules and implementation of CSR and create harmony models of corporate social responsibility (CSR) between…

Abstract

Purpose

This paper aims to provide an overview of existing condition, rules and implementation of CSR and create harmony models of corporate social responsibility (CSR) between regulation, Javanese culture values and universal principles, to fill the lack of CSR regulation in Indonesia.

Design/methodology/approach

This study is based on sociology legal research. The regulations and principles have been studied by using the approach of law and social sciences. That characteristic is descriptive evaluative. The primary data are taken from interview with the senior source relations of PT Pertamina Hulu Energi (PHE) in Jakarta, President Director of PT Rosalia Indah Group in Surakarta and Your Honour Prince of Surakarta Hanadiningrat Kingdom. Secondary data are obtained from the review of the literatures pertaining to the material. Secondary data consist of legal materials such as regulations, books, papers and other references. Data analysis technique use theoretical interpretative.

Findings

CSR is implemented by company only for lifting the image. CSR fund allocation is still a company’s secret, and it becomes evidence of the lack of transparency for companies to manage and provide social cost to society. It can also be found that some companies collect donations from the public for disaster relief, but in the distribution of aid, they use the name of a CSR company. There is polarization in the implementation of CSR. A government- owned company is already bound by the provisions of the Regulation of the Minister of state-owned enterprises.

Research limitations/implications

This paper discusses the CSR implementation in Indonesia and it creates a model of accountability of CSR to fill the legal vacuum that occurs at this time. This paper formulates a good relation between traditional Javanese value, government regulations and universal CSR principle.

Practical implications

There remains a mismatch between the Javanese values of philosophy with the positive regulatory norms that result in the implementation of CSR only to meet the requirements of the positive regulatory norm and ignore the obligations involved and to aid the prosperity of the public society.

Social implications

Communities around a company have not been able to enjoy the advantages of the company. Communities should fight for their own lives without being dependent on or being supported by a company’s existence.

Originality/value

This research combines the Javanese values with the positive legal regulations in the implementation of CSR in Indonesia. This research has not been conducted by the others. This research will provides benefits on the idea of imposing sanctions on the non-implementation of CSR, not only through positive legal regulations but also through social sanctions embodied in the Javanese values.

Details

International Journal of Law and Management, vol. 59 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 19 October 2023

Jamal Wiwoho, Irwan Trinugroho, Dona Budi Kharisma and Pujiyono Suwadi

The purpose of this study is to formulate a governance and regulatory framework for Islamic crypto assets (ICAs). A balanced regulatory framework is required to protect consumers…

Abstract

Purpose

The purpose of this study is to formulate a governance and regulatory framework for Islamic crypto assets (ICAs). A balanced regulatory framework is required to protect consumers and to encourage digital Islamic finance innovation.

Design/methodology/approach

This study focuses on Indonesia and compares it to other countries, specifically Malaysia and the UK, using statutory, comparative and conceptual research approaches.

Findings

The ICAs are permissible (halal) commodities/assets to be traded if they fulfil the standards as goods or commodities that can be traded with a sale and purchase contract (sil’ah) and have an underlying asset (backed by tangible assets such as gold). Islamic social finance activities such as zakat and Islamic microfinance activities such as halal industry are backed by ICAs. The regulatory framework needed to support ICAs includes the Islamic Financial Services Act, shariah supervisory boards, shariah governance standards and ICA exchanges.

Research limitations/implications

This study only examined crypto assets (tokens as securities) and not cryptocurrencies. It used regulations in several countries with potential in Islamic finance development, such as Indonesia, Malaysia and the UK.

Practical implications

The ICA regulatory framework is helpful as an element of a comprehensive strategy to develop a lasting Islamic social finance ecosystem.

Social implications

The development of crypto assets must be supported by a regulatory framework to protect consumers and encourage innovation in Islamic digital finance.

Originality/value

ICA has growth prospects; however, weak regulatory support and minimal oversight indicate weak legal protection for consumers and investors. Regulating ICA, optimising supervision, implementing shariah governance standards and having ICA exchanges can strengthen the Islamic economic ecosystem.

Details

International Journal of Law and Management, vol. 66 no. 2
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 23 January 2024

Shreya Sangal, Gaurav Duggal and Achint Nigam

The purpose of this research paper is to review and synthesize the role of blockchain technology (BCT) in various types of illegal activities, including but not limited to fraud…

Abstract

Purpose

The purpose of this research paper is to review and synthesize the role of blockchain technology (BCT) in various types of illegal activities, including but not limited to fraud, money laundering, ransomware attacks, firearms, drug tracking, cyberattacks, identity theft and scams.

Design/methodology/approach

The authors conducted a review of studies related to illegal activities using blockchain from 2015 to 2023. Next, a thematic review of the literature was performed to see how these illegal activities were conducted using BCT.

Findings

Through this study, the authors identify the relevant themes that highlight the major illegal activities performed using BCT, its possible steps for prevention and the opportunities for future developments. Finally, the authors provide suggestions for future research using the theory, context and method framework.

Originality/value

No other research has synthesized the illegal activities using BCT through a thematic approach to the best of the authors’ knowledge. Hence, this study will act as a starting point for future research for academic and technical practitioners in this area.

Details

Journal of Information, Communication and Ethics in Society, vol. 22 no. 1
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 4 June 2024

Atie Rachmiatie, Erik Setiawan, Kiki Zakiah, Muhammad Saud and Ferra Martian

This study aims to investigate the components of a halal tourism ecosystem and how to establish a model for an effective halal tourism ecosystem. Therefore, each component can…

Abstract

Purpose

This study aims to investigate the components of a halal tourism ecosystem and how to establish a model for an effective halal tourism ecosystem. Therefore, each component can play a role in encouraging the productivity of halal tourism.

Design/methodology/approach

A qualitative approach was applied through in-depth interviews and focus group discussion (FDGs) with representatives of stakeholders who are associated with the development of halal tourism in Indonesia.

Findings

The results show that the effectiveness of the halal tourism ecosystem is primarily determined by the role of the government as an initiator and a policymaker. The halal tourism ecosystem must be run with universal Islamic norms, and it must be avoid exclusive rules.

Originality/value

This research concludes that the symbols in the halal ecosystem are not components that can glue the differences between various organizations and institutions in the context of tourism. However, the role of adhesive is substituted by its practice or implementation that can accommodate shared understandings of Sharia norms.

Details

Journal of Islamic Marketing, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-0833

Keywords

Article
Publication date: 26 February 2024

Sabrine Cherni and Anis Ben Amar

This study aims to examine how digitalization affects the work efficiency of the Shariah Supervisory Board (SSB) in Islamic banks.

Abstract

Purpose

This study aims to examine how digitalization affects the work efficiency of the Shariah Supervisory Board (SSB) in Islamic banks.

Design/methodology/approach

This study uses panel data analysis of annual report disclosures over the past 10 years. The authors have selected 79 Islamic banks for the period ranging from 2012 to 2021. The criteria for SSB efficiency used in this research are disclosure of Zakat and disclosure in the SSB report.

Findings

The econometric results show that digitalization has a positive effect on improving the work efficiency of the SSB in Islamic banks. Accordingly, the authors provide evidence that the higher the bank's digital engagement, the higher the quality of the SSB.

Originality/value

The findings highlight the need to improve the current understanding of SSB structures and governance mechanisms that can better assist Islamic banks in engaging in effective compliance with recent governance and accounting reforms. Moreover, Islamic banks are the most capable and appropriate to implement and activate digitalization because they are based on a vital root calling for development if there are executives believing in it, as well as legislation supporting and serving them.

Details

Journal of Islamic Accounting and Business Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-0817

Keywords

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