ANALISIS PERTIMBANGAN MAJELIS HAKIM MAHKAMAH AGUNG PENINJAUAN KEMBALI TENTANG KEKHILAFAN ATAU KEKELIRUAN YANG NYATA OLEH JUDEX JURIS TERKAIT PUTUSAN NOMOR 20 PK/PDT.SUS-HKI/2021 TERKAIT KASUS GUGATAN PEMBATALAN MEREK EIGER

The lawsuit filed by Ronny Lukito is a case of a lawsuit for the cancellation of the EIGER trademark that has been registered in advance by Budiman Tjoh, as has been decided in the first level court, namely in Decision No. 375 K/Pdt.Sus-HKI/2020 to the level of Judicial Review in Decision No. 41 PK/Pdt.Sus-HKI/2021. The problem that then arises is related to the consideration of judges in the Judgment of Judicial Review in the Supreme Court which is considered to have not provided a complete legal consideration regarding the cancellation of registered trademarks by well-known trademarks on the basis of bad faith as in the provisions of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, resulting in blurred understanding of the meaning of legal norms in the Trademark Law and Geographical Indications itself. 41 PK/Pdt.Sus-HKI/2021 experiences contradictions and legal vagueness in the provisions of the Trademark and Geographical Indications Law, especially in article 76, article 77 and article 21 paragraph and the Supreme Court Law regarding errors and obvious mistakes. The conclusion shows that although the State of Indonesia adheres to the constitutive system with the principle of first to file, however, in Article 76, Article 77, and Article 21 paragraph of the Trademark and Geographical Indications Act shows that Indonesia provides space for well-known trademarks to cancel registered trademarks on the basis of bad faith.