Portal Jurnal Online Institut Agama Islam Ma'arif Nahdlatul Ulama (IAIMNU)
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Trademark Dispute Between Starbucks Corporation and Sumatera Tobacco Trading Company: An Analysis of the Supreme Court Decision No. 836 K/PDT.SUS-HKI/2022
No full textThis research analyzes the application of good faith principle in trademark registration, particularly in the trademark dispute between Starbucks Corporation and PT. Sumatera Tobacco Trading Company decided by Supreme Court Decision No. 836 K/PDT.SUS-HKI/2022. The research aims to analyze the implementation of good faith principle in well-known trademark registration under Law No. 20 of 2016 and evaluate the Supreme Court's legal considerations in protecting well-known trademarks. This normative legal research uses statutory and case analysis approaches, with primary legal sources (laws and court decisions) and secondary sources (books, journals, legal articles). Data analysis is conducted descriptively with inductive conclusions. Results show that the Supreme Court successfully applied the good faith principle by canceling the "Starbucks" trademark registration owned by PT. Sumatera Tobacco Trading Company, proven to be conducted in bad faith to exploit the fame of a well-known trademark. This decision strengthens cross-class protection for well-known trademarks and provides legal certainty that trademark registration must be conducted in good faith to prevent unfair business competition
Criminal Law Enforcement Against Corporate Forest Fires: A Perspective of Positive Law and Fiqh Jināyah
No full textThe main problem in this research is the weak enforcement of criminal law against corporations involved in land clearing through burning, which results in forest fires that have wide-ranging impacts on the environment and society. Although regulations such as the Environmental Protection and Management Act, the Forestry Act, and Supreme Court Regulation No. 13 of 2016 have stipulated corporate criminal liability, the practice of law enforcement still faces obstacles in terms of evidence, the lack of transparency in corporate command structures, and the minimal application of additional penalties such as license revocation and restoration obligations. This research aims to analyze the mechanisms of criminal law enforcement against corporations and to examine the practice of forest burning from the perspective of fiqh jināyah. Using a normative juridical method and descriptive-analytical analysis based on primary and secondary legal materials, this study evaluates the gap between legal norms and practice and offers a comprehensive approach through positive law and Islamic law. The findings indicate that national law has provided adequate criminal instruments; however, their implementation remains suboptimal. From the perspective of fiqh jināyah, forest burning constitutes a jarīmah ta‘zīr that violates the maqāṣid al-syarī‘ah, particularly the protection of life, property, and the environment, thereby granting the state strong legitimacy to impose firm sanctions oriented toward ecological restoration
From Punitive to Rehabilitative: Transformation of Juvenile Justice through Evidence-Based Diversion Models in Indonesia, Malaysia and Vietnam
No full textThis comparative study analyzes the paradigm shift in juvenile justice from a punitive approach to a rehabilitative one through the implementation of evidence-based diversion models in Southeast Asia. Using a comparative-empirical method on the juvenile justice systems in three ASEAN countries (Indonesia, Malaysia, and Vietnam), this study identifies patterns of convergence and divergence in the adoption of diversion. Findings show that countries with the integration of local cultural values in diversion models can reduce recidivism, compared to conventional approaches. Key success factors include: harmonization of national legislation with international standards. This study proposes an ASEAN Integrative Diversion Framework (FDIA) that accommodates socio-legal diversity while maintaining minimum standards for child protection. Policy implications include the need for regional harmonization through the ASEAN Declaration on Restorative Justice for Children and the establishment of a peer review mechanism to ensure consistent implementation across the region
Law Enforcement Against Perpetrators of Shooting Minors (Case Study in Galuh City Village, Perbaungan District, Serdang Bedagai
No full textThe shooting of minors in Kota Galuh Village, Perbaungan Subdistrict, Deli Serdang Regency, has raised public concern about law enforcement in Indonesia, especially when the perpetrators are civilians and allegedly involve members of the Indonesian National Armed Forces (TNI). This article aims to analyse the form of law enforcement against the perpetrators, examine obstacles in the legal process, and evaluate coordination among law enforcement agencies. The method used is an empirical legal approach with data collection techniques through interviews and documentation. The study findings indicate that there are differences in the handling of civilian perpetrators who have been apprehended and the alleged involvement of two TNI personnel who have not been processed transparently. This article recommends the need for synergy between law enforcement agencies and military institutions to ensure justice without discrimination
Validity of Electronic Signatures in Digital Agreements: An Analysis of the Application of the Intellectual Property Law and the Civil Code in E-Commerce Transactions
No full textThe development of e-commerce encourages the increasing use of digital agreements that rely on electronic signatures as a tool to ratify agreements between the parties. The main problem that arises is the weak legal certainty related to the validity of electronic signatures, especially in the context of proving digital transaction disputes, even though it has been normatively recognized in the Civil Code and the Electronic Information and Transaction Law (UU ITE). This study aims to analyze the validity of electronic signatures in digital agreements in e-commerce transactions in Indonesia and assess the extent to which existing legal arrangements are able to provide legal certainty. This research uses a qualitative method with a type of normative legal research through a legislative approach and a conceptual approach. The data source consists of primary legal materials in the form of laws and regulations, as well as secondary legal materials in the form of legal literature, journal articles, and previous research collected through literature studies. The results of the study show that electronic signatures have legal force as long as they meet the requirements of the agreement according to Article 1320 of the Civil Code and the provisions of the ITE Law, but in practice they still face obstacles to proof, the reliability of electronic systems, and low digital legal literacy. Therefore, this study recommends strengthening technical regulations, increasing the role of certification bodies, and increasing digital legal literacy to ensure legal certainty and protection of parties in e-commerce transactions
Peningkatan Kemampuan Komunikasi Matematis melalui Game Based Learning Berbantuan Nearpod
No full textMathematical communication skills are one of the skills that must be possessed when learning mathematics. One alternative to improve mathematical communication skills is by applying the Game Based Learning model assisted by Nearpod. The purpose of this study is to find out the difference in the improvement of mathematical communication skills between students who use the Game Based Learning model assisted by Nearpod and students who use conventional learning. This research used a quasi-experimental method involving two classes with a non-equivalent control group design. The instruments used was a mathematical communication skills test. The results of this research indicate that there is a difference in the improvement of mathematical communication skills between students who use the Game Based Learning model assisted by Nearpod and those who use conventional learning methods
Comparison of K-Means and K-Medoids Algorithms in Clustering Indonesian Provinces Using Stunting Handling Index
No full textStunting remains a major public health problem and poses a significant challenge to human resource development in Indonesia. Differences in stunting management performance across provinces indicate regional disparities that require systematic and data-driven analysis. This study aims to cluster provinces in Indonesia based on the 2022 Stunting Management Specific Index (IKPS) and to compare the performance of the K-Means and K-Medoids clustering algorithms. The study uses secondary data from the Central Statistics Agency (BPS), covering 34 provinces and ten indicators composing the IKPS. Clustering was conducted using K-Means and K-Medoids algorithms. The optimal number of clusters was determined using the Elbow Method, while clustering quality was evaluated using the Davies–Bouldin Index (DBI). The results show that the optimal number of clusters is k = 5. Furthermore, the K-Medoids algorithm produces better clustering quality, as indicated by a lower DBI value compared to the K-Means algorithm, reflecting more compact clusters and clearer separation between provinces. The clustering results reveal distinct provincial groupings with varying stunting management characteristics, ranging from provinces with relatively strong and stable performance to those facing greater challenges related to geographical constraints and limited access to health services. Overall, this study demonstrates that cluster analysis is effective for identifying regional patterns in stunting management and can support policymakers in formulating more targeted, province-based strategies to improve the effectiveness of stunting prevention and intervention programs in Indonesia
Assessing Validity and Reliability of Muslim Student’ Interpersonal Communication Scale: A Rasch Model Study
No full textDeveloping a scale of interpersonal communication for Muslim students in Indonesia is very important because of the unique cultural and religious context that these students live in. Effective interpersonal communication is essential to fostering a supportive educational environment, improving peer relationships, and improving students' overall well-being. Currently there are no published research findings that specifically discuss measuring interpersonal communication among Muslim students in Indonesia. Therefore, this research aims to develop a valid and reliable Muslim Student Interpersonal Communication Scale (MSICS). MSICS was developed based on five aspects: openness, empathy, supportiveness, positivity, and equality. Content validity was assessed by two psychometric experts, and the results were analyzed using an inter-rater agreement model. Construct validity involved 432 Muslim junior high school students in Yogyakarta City, Indonesia, and the data was analyzed using the Rasch model. The results of the interrater agreement model analysis show that there is agreement between two psychometric experts regarding the acceptability of the statement items in the MSICS. Furthermore, the Rasch model analysis shows that the MSICS appears as a valid and reliable instrument for assessing the level of interpersonal communication among Muslim students in junior high schools in Indonesia with a variance explained by measures value of 26,7% (>20%), which means good enough to describe the measured data, and the reliability value is 0,91, which means very good. The results of this research can be used by counselors or guidance and counseling teachers to use MSICS as an instrument to measure Muslim students' interpersonal communication
Exploring Workplace Happiness: Islamic Leadership and Work Ethics Driving Engagement and Helping Behaviour
No full textLeadership and work ethics, particularly Islamic or faith-based, are crucial indicators of employees’ well-being and work engagement. It increases helping behaviour through motivation and satisfaction levels achieved from a supportive work environment. The research aim is to examine the influence of Islamic leadership and Islamic work ethics on helping behaviour and work engagement through happiness at work to verify this phenomenon, data has been collected from 320 employees working with Small Medium Enterprises (SMEs) across central Java, Indonesia. All question items from all variables are said to be valid with a value of more than 0.7 and reliable with a value of more than 0.5. This is quantitative design research where a convenience sampling technique was employed. Statistical analysis was done through SmartPLS, revealing a direct relationship among all study variables, such as Islamic leadership, to helping behaviours and work engagement. Additionally, the study identified a direct relationship between Islamic work ethics and helping behaviours, except for a link with work engagement; similarly, employees’ happiness at the workplace acts as a mediator in this study. The hypothesis is accepted because the significance value is more than 1.97. While previous studies have examined workplace happiness and engagement broadly, limited attention has been paid to the role of faith-based leadership and ethics within SMEs in culturally diverse settings like Central Java, Indonesia. This study offers a novel perspective by discussing the pivotal role of Islamic leadership and Islamic work ethics in shaping workplace dynamics, particularly helping behaviour and engagement through happiness
Classification of Risk and Protective Factors for Students' Mental Health Using Data Mining Techniques
No full textMental health issues affecting university students, particularly first-year students, are increasingly concerning, with many experiencing anxiety, depression, and substance abuse. Globally, approximately one in three first-year students faces these challenges. In the U.S., 22% of students receive psychiatric treatment, while in Indonesia, 10% of youth aged 15-24 report psychological problems, with suicide rates on the rise. These disorders negatively impact academic performance, emotional well-being, and social interactions, with contributing factors such as lifestyle, genetics, and gender. Unhealthy habits heighten the risk, while regular physical activity and engagement in hobbies act as protective factors. This research aims to analyze the risk factors and mental health protection of students using a data mining approach. With classification techniques, this research is expected to provide a holistic understanding of the risk factors causing mental health disorders among students and to identify the protective factors. Based on responses from 1,039 students across 15 districts in Lampung Province, the analysis identifies key risk factors including academic pressure, poor time management, heavy workloads, and lack of social support. Protective factors identified include spending time in nature, ensuring sufficient sleep, and balanced participation in student organizations. Findings suggest that universities should implement targeted mental health interventions, provide counseling services, offer workshops and peer support groups, and create a supportive, green campus environment to enhance student well-being and mitigate stress