PROBLEMATIKA PENALARAN HUKUM HAKIM DALAM MENENTUKAN KEDUDUKAN HUKUM DAN KEBARUAN DESAIN INDUSTRI: STUDI KASUS PUTUSAN KASASI NOMOR 50 K/PDT.SUS-HKI/2025

Abstract

The legal reasoning of judges in industrial design disputes remains unclear, particularly regarding the determination of legal status and the evaluation of novelty. This is evident in Supreme Court Decision No.50 K/Pdt.Sus-HKI/2025, which highlights a divergence in perspective between the judex facti and the judex juris. The core issue lies in the interpretation of “interested parties” and the assessment of bad faith in the registration of industrial designs by individuals who have had prior legal relationships. This study utilizes a normative legal approach through the examination of legislation, case studies, and concepts. The findings of the analysis indicate a shift from a formal approach to a substantive one, wherein the Supreme Court has expanded the definition of interested parties to include business entities with direct economic ties. Furthermore, proof of bad faith is established through an evaluation of the legal relationship between the parties, access to the design, and the utilize of the design prior to registration. However, this expanded interpretation has not been accompanied by concrete normative parameters, which may lead to legal uncertainty in the practice of industrial design adjudication in Indonesia.