Trademark protection is important part for business continuity of business practitioners. Trademark is the hallmark that distinguishes a business from its competitors. As interpreted under Law Number 20 Year 2016 concerning Trademarks and Geographical Indications (“Trademark and Geographical Indications Law”), trademark is a mark that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in two-dimensional form and/or three dimensions, sound, hologram, or a combination of two or more of these elements to distinguish goods and/or services produced by persons or legal entities in business transaction of goods and/or services.
Continue reading “Trademark Protection and Dispute in Indonesia”Overview the Agreement under the Law in Indonesia
The agreement is constitutes as a legal basis to the parties who made it to conduct certain subject and specified action, wherein this certain subject or specified action are not regulate or prohibit under the law in Indonesia. Moreover, Article 1338 Civil Code clearly stated that the agreement is applied for the parties as a Law, and cannot be revoked unless it is agreed.
Generally, the main legal basis to make an agreement in Indonesia is regulated under Civil Code, but there are certain regulation according to object and necessary to make the agreement in Indonesia. For example, Employment Agreement is made by company and employee which should be obey to the Laws No. 13 of 2003 regarding Employment Law, also the marriage agreement should be obey under Laws No. 1 of 1974 regarding Marriage.
Continue reading “Overview the Agreement under the Law in Indonesia”Employment Termination during COVID-19 Pandemic
Employment termination during COVID-19 will become primary choice for some companies, because COVID-19 pandemic certainly caused many business entities (companies) cannot operate business activities due to fears of spreading of corona virus and also because of government policy related to implementation of PSBB (large-scale social restrictions).
To handle this situation, many companies are decide for employment termination during COVID-19 Pandemic, on the reason that the company has no income to pay employees or to operate production process because there are no profits or even no business activities.
Continue reading “Employment Termination during COVID-19 Pandemic”Business Contract Ended to Jail
Business contracts generally refer to the provisions of the Civil Code, which regulates in detail about the agreement, requirements of the agreement, and the legal consequences of cancellation of agreement.
The agreement contains the rights and obligations of the parties, where one party gives a right to another party. An agreement must fulfill the requirements as stated by Article 1320 of the Civil Code, as follows:
Continue reading “Business Contract Ended to Jail”Employee Rights under Law in Indonesia
Employee rights in Indonesia are generally regulated under Law No. 13 of 2003 concerning Employment (“Employment Law“), but in some more specific cases it is also regulated in several provisions such as Law No. 21 of 2000 concerning Labor Unions (“LU Law“), as well as Government Regulations or Ministry of Manpower Regulations which are under the Act. Among the employee rights in Indonesia which are legally recognized, especially according to the provisions of the Manpower Law are as follows:
1. The rights for Wages
The employee rights in Indonesia to get wages is a basic right as regulated under Article 1 number 30 of Employment Law. Furthermore, the decent wage specifically regulated under Article 88 of Employment Law.
Continue reading “Employee Rights under Law in Indonesia”
HUSODO & PARTNERS 