Bengkoelen Justice : Jurnal Ilmu Hukum

COMPARISON OF THE APPLICATION OF RESPONSIVE LEGAL THEORY IN RESPONDING TO SOCIAL CHANGE IN THE CRIMINAL LAW AND CIVIL LAW

2025-01-26T12:07:07+00:00

Philippe Nonet and Philip Selznick stated that responsive law is a law that is oriented to the fulfillment of social needs and is able to adapt according to the dynamics of society. This study aims to compare the application of responsive legal theory in responding to social changes in the field of criminal and civil law. The research method used is normative or doctrinal legal research with a conceptual and comparative approach. The conceptual approach is used to understand the basic principles of responsive legal theory that emphasize legal flexibility in dealing with social dynamics. A comparative approach is applied to analyze the similarities and differences in the application of this theory in criminal and civil law. The results show that the application of responsive law theory in criminal law tends to focus on the rehabilitation of perpetrators and the restoration of social relations through a restorative justice approach. On the other hand, in civil law, this theory is implemented through flexible alternative dispute resolution, such as mediation
and arbitration, which considers substantive justice for the parties to the dispute. Although the goals and processes in these two areas of law are different, they emphasize the need for legal adaptation to social changes and societal needs. Thus, responsive legal theory is expected to be able to create a legal system that is more inclusive, fair, and relevant to the development of Indonesian society.

Keywords: Civil Law, Criminal Law, Responsive legal theory, Social Change.

IMPLEMENTATION OF GOTO TRADEMARK PROTECTION BASED ON THE PRINCIPLE OF “SUBSTANTIAL SIMILARITY”

2025-03-28T08:41:58+00:00

Trademark protection is a crucial aspect of intellectual property law, aimed at safeguarding trademark owners and preventing consumer confusion. This study analyzes the implementation of the "substantial similarity" principle in a trademark dispute case involving the registered trademark owner "GOTO" against similar trademark variations, such as "goto" and "Goto Financial." Using a normative approach, this research evaluates trademark infringement based on visual, phonetic, and conceptual similarities, which may cause confusion and potential loss to the actual trademark owner. The findings indicate that the principle of "substantial similarity" plays a vital role in maintaining the exclusive rights of registered trademark owners while providing legal certainty and fairness in resolving trademark disputes. These findings reinforce the importance of strong trademark protection regulations to prevent conflicts and safeguard brand reputation in an increasingly competitive market.

Keywords: Trademark Protection, Substantial Similarity, Exclusive Rights, Trademark Dispute

THE ROLE OF PUBLIC-PRIVATE PARTNERSHIPS (PPP) IN OVERCOMING BUDGETARY AND BUREAUCRATIC BARRIERS IN INFRASTRUCTURE DEVELOPMENT IN INDONESIA

2025-04-05T03:27:41+00:00

This study aims to analyze the role of Public-Private Partnerships (PPP) in overcoming budgetary and bureaucratic barriers in infrastructure development in Indonesia. Employing a normative juridical research method through statutory and conceptual approaches, this study evaluates the legal framework and implementation of PPPs, including Presidential Regulation No. 38 of 2015 and other supporting regulations. The findings indicate that PPPs represent an innovative alternative solution to address the limitations of state budget (APBN) funding and accelerate the provision of strategic infrastructure through private sector involvement. Moreover, PPPs contribute to streamlining administrative procedures that are often hindered by bureaucratic inefficiencies. Nonetheless, challenges such as regulatory complexity, project readiness, and inter-institutional coordination remain significant obstacles. With regulatory refinement and stronger institutional support, PPPs hold great potential to promote efficient and sustainable infrastructure development in Indonesia.

Keywords: PPP; Infrastructure; Budget Constraints; Bureaucracy; Legal Framework