PERLINDUNGAN HUKUM TERHADAP HAK MILIK ATAS MEREK DAGANG SETELAH TERBITNYA PERATURAN PRESIDEN NOMOR 63 TAHUN 2019 TENTANG PENGGUNAAN BAHASA INDONESIA DITINJAU DARI PERSPEKTIF KEPASTIAN HUKUM

Provisions regarding the obligation to use Indonesian language for trademarks as regulated in Presidential Regulation Number 63 Year 2019 concerning the Use of Indonesian Language cause a conflict of norm or legal conflict, which is because the provisions contradict Law Number 20 Year 2016 concerning Trademarks and Geographical Indications. This paper aims to find out and analyze the legal protection of property rights to trademarks, especially foreign-language brands after the issuance of Presidential Regulation 63 of 2019 concerning the Use of Indonesian Language, from the perspective of legal certainty. The method used in this paper is normative juridical with the technique of collecting document study materials and library studies. The conclusion of this paper is that the provisions of Indonesian language trademark obligations as stipulated in Presidential Regulation Number 63 Year 2019 Concerning the Use of Indonesian Language are in conflict with Law Number 20 Year 2016 Regarding Trademarks and Geographical Indications. That is because in Law Number 20 Year 2016 Regarding Trademarks and Geographical Indications allow a trademark to use a foreign language. The existence of such a legal conflict results in legal protection of foreign language trademarks which can be obtained through registration and application for the extension of the protection period for registered marks. Considering that the purpose of trademark registration and the extension of the period of protection for registered marks is to obtain a guarantee of legal protection and certainty, then to find a way out of the legal conflict can apply the Lex Specialis Derogat Legi Generali legal principle. So that you can use Law Number 20 Year 2016 Regarding Trademarks and Geographical Indications which are special provisions in the field of trademarks, and override Presidential Regulation Number 63 Year 2019 Regarding the Use of Indonesian Language. Thus, the legal protection of foreign language trademarks that can be obtained through registration and application for extension there are clear provisions and can be used as guidelines