Short History of Mustika Ratu

Mustika Ratu is industrial leader of maker entertain and cosmetic using natural substance in Indonesia. Founded since year 1978, Mustika Ratu has exported to about 20 states. With the product exceed 700 types, consisted of the:

- Hair treatment

- Face Treatment

- Body Treatment

- Elementary Make-Up

- Artistic Make-Up

- Wedang

- Entertain

While take care of the company image as peaceful and natural cosmetic maker, but usable in modern life, Mustika Ratu have developed the beauty business to treatment field for the man, to opening and selling franchise center the SPA, and make the so called product newly Home Spa to those who wish to take care of its body and eliminate the stress at home.

Tight of competition make the Mustika ratu to always to develop the product which innovative so will not fail with their prime competitor sari Ayu. Middle tightens the competition between both of this company, in the reality before now, both of them actually company with under one name. From sites of news of Riau Post Online, said that since early 1970-an, Mooryati Soedibyo and Martha Tilaar represent the crony. They cooperate in harmony cope so that entertain and traditional cosmetics of Indonesia can become host in the country x’self. In the beginning, both operating with one brand that is Mustika Ratu. Later; then at 7 February 1977 they agree to leave taking the best of. Mustika Ratu remains to be holded by Mooryati Soedibyo, while Martha Tilaar found the Martina Berto holding brand of Sari Ayu.

Along time walked, in the reality, competition arising out start burst both of them relationship. because Mustika Ratu releasing product by the name of Mustika ratu and Martina Berto releasing product by the name of Sari Ayu, in the reality own the product and same market segment precisely. Some products even exit almost concurrently to compete with the other product. Friends even also eaten because of money.

For example like products in the tables hereunder:

Case Overview and conflict

Have you ever hear the price one unit domain in Indonesia? Believe or not, Rp 100.000.013.500, - (one hundred milliard thirteen thousand five hundreds rupiah)! Though that much money, we can get 336136 name domains. com or equivalent by 606060 name of domain co.id, to one year. Just Calm, price of name domain which the fantastic is not arranged by Network Sollutions or Idnic, but arranged by KUHP and Monopolistic UU Practice Interdict and Indisposed Competition.

This matter is very attractive to be studied by all expert law and technological, that this is for the first time in the world, case of dispute of name domain(cyber law) use the criminal law, non civil as a rule in other nations. My article will not study the case Mustika-Ratu.com from side law, considering my interest background is not from discipline of law science. I will be more a lot of elaborating condition which background in the business ethics.

If dispute of domain name Mustika-Ratu.co.id can be analogy as a war, hence there are three battles that happened in it.

- First : PT Mustika Ratu ( Mooryati Soedibyo) vs PT Martina Berto ( Martha Tilaar),

- Second: Institute The Technological Law Study of UI ( Edmon Makarim) vs Center of Cyber Law Studies Unpad ( Ahmad M. Ramli),

- Third : Firm Law the Acemark own the Amir Syamsuddin (assigning Irawadi Syamsuddin) vs Firm Law the Lubis, Santosa & Maulana own the Todung Mulya Lubis (assigning Early C. Tobing Pangabean).

Let us comprehend the three wars one by one:

War 1: Mustika Ratu vs Martina Berto

Chandra Sugiono which in the early join to Martina Berto as International Manager of Marketing of September 1999, later; then do an action which actually fatal enough later on day. He register the name of domain Mustika-Ratu.com at 7 October 1999. of opinion that name of domain Mustika-Ratu.com as brand and in the reality have been taken by its adversary, hence finally at 4 September 2000 Mustika Ratu report the Martina Berto to Mabes Polri

After checked, in the reality Chandra have retired from Martina Berto at 16 June 2000. Before reporting to police, Mustika Ratu at 29 August 2000 in Suara Pembaruan and 1 September 2000 have attached the announcement to withdraw the name of domain Mustika-Ratu.com counted during 7 day of commencing from reported on the announcement. In the reality not yet used up a period of 7 the day, Mustika Ratu have reported to police.

Later then at 28 September 2000, formal name domain Mustika-Ratu.com abstracted from Network Sollutions. At 5 October 2000 the name domain taken over by Mustika Ratu. Then at 2 August 2001 conference started the. Chandra and also Martha Tilaar have agreed that the name domain registration is not related with the policy of Martina Berto, hence justice agree that as defendant is just Chandra Sugiono, without entangling Martina Berto.

War 2: Lembaga Kajian Hukum Teknologi UI vs Center of Cyber Law Studies UNPAD

Have become the public secret that UI and UNPAD compete for the goal of conception their cyber law to governance. Everyone of they own have owned the reliable concepts about the cyber law, what also still not to governmental hand, but interminable become the debate which still not after. Displacing to unite the view, they frequent to oppositely; also give views which interfere in certain case.

In case of name of domain Mustika-Ratu.Com, there is matter draw proper correct reading the. Edmon Makarim from LKHT UI in Evidence of Inspection Event (BAP) express that what being done by Chandra Sugiono is properly imposed by criminal law like contained in KUHP and UU Anti Indisposed Competition and Monopolies. Edmon have a notion that Chandra Sugiono can be imposed by section because owning bad intention when registering name of domain Mustika-Ratu.Com.

While Ahmad M. Ramli from CCLS UNPAD, like its article magazine Foum Keadilan on 26 August 2001, expressing on the contrary. According to Ahmad, is not precisely if KUHP and UU Anti Monopolies which notabene to law the real world imposed for the case of illusory world. Ramli also affirm that law better used is UU Brand. The UU Brand give the maximal prison crime threat 7 year maximal penalty and Rp 100 million for the collision of its entirety. According to Ramli, case of Chandra Sugiono more precise use the UU Brand, minimum in the first place

. See the mentioned, there is possibility of Edmon Makarim will become the expert eyewitness for Mustika Ratu, while Ahmad M. Ramli will become the expert eyewitness for Chandra Sugiono. Asking for opinion of all jurists about ideal concept cyber law for Indonesia is the same like story 4 blind people and an elephant. What perception by each one, will different each other depend on what holding of and comprehended by its truth. Anyway it is true absolute there is no truth.

One of founder law firm the Acemark is Amir Syamsuddin, while law firm Lubis, Santosa & Maulana one or the other its founder is Todung Mulya Lubis. Acemark assign Irawadi Syamsuddin as legal advisor of Chandra Sugiono. While Lubis cs show Early C. Tobing Pangabean as legal advisor of Mustika Ratu. As within reason legal advisor profession, surely will experience of a victory and or drubbing. Case of this Name domain Mustika-Ratu.Com become the first case those who go together the illusory world and Internet. Any person, who will win this case, will be able to proclaim x’self as readily to first law firm in Indonesia handle the case go together the cyber law and Internet.

Critical Point

1) If the name domain Mustika-Ratu.Com is not registered by whoever, whether Mustika Ratu will take the name domain? Its section, Mustika Ratu by xself in fact has owned the name of domain Mustika-Ratu.Co.Id since 5 September 1996 and has never registered the name of domain Mustika-Ratu.Com till moment registered by Chandra Sugiono. This matter require to be checked furthermore, whether this opportunity only outmaneuver from PT Mustika Ratu to break its competitor when there is opportunity (with the assumption of Chandra Sugiono do not have designs on).

2) Why PT Mustika Ratu do not take as problem of the name domain like:

- http://www.Mustikaratu.com

- http://www.Mustikaratu.net

- http://www.Mustika-ratu.net

Which also circulate in cyberspace, why only Mustika-ratu.com registered by Chandra Sugiono which is taken as problem of. Whether just because he is the former manager in Martina Berto, if that matter is correct, then Mustika Ratu is not ethical in claiming this problem. Because this matter has concerning problem of business competition that happened and PT Mustika Ratu take opportunity for that.

3) Why PT Mustika Ratu always lengthens and pursues the process on solving this case? According to me from news which I obtain. PT Mustika Ratu is not ethical in finishing this problem because exploit this opportunity for the free promotion, because this case, PT Mustika Ratu displayed in various media print and mass media. Of course this matter harms the Chandra Sugiono and company which are active in which look like PT Mustika Ratu.

4) Matter which is not ethical also happened when PT Mustika Ratu give the time one week for Martina Berto to abstract the the domain, but prior to one week of PT Mustika Ratu have reported this matter to the Police. In this matter business cannot be agreed because as a business perpetrator which professional, PT Mustika Ratu do not behave the professional in business competition.

5) According to me action that Chandra Sugiono done is nor ethical too, because indirectly entangle the PT Mertina Berto in this problem. And surely when Chandra Sugiono know that this case will be judged by PT Mustika Queen, why he directly retire from momentary Mertina Berto before this problem is judged. He likely processing will run from responsibility as manager [in] Martina Berto.

Closing

As closing, it is better if we see how prosedural finish the dispute of name domain in the international region. In fact Internet Corporation for Assigned Names and Numbers - ICANN ( www.icann.org) as international committee arranging policy of name domain in the world, have ratified one method on solving dispute of name domain called by Uniform [is] Domain-Name Dispure-Resolution Policy - UDRP ( http://www.icann.org/udrp/udrp.htm).

UDRP have opened gone into effect since 24 October 1999, while Network Sollutions (www.netsol.com) as place of registration Mustika-Ratu.Com by Chandra Sugiono, and have adopted the UDRP since 31 December 1999. But possibility of Mustika Queen do not want to go through the band, expense cause imposed in the UDRP have to be paid by squealer party, in this case is Mustika Queen. The Expense [is] US$ 750, or about Rp 6.500.000.

Time targeted to yield the decision since first time informed against is about 45 day. ICANN have showed three body in charge to run the UDRP, that is World Intellectual Property Organization (WIPO) in Jenewa Swiss, National Arbitration Forum in Minneapolis of ACE and Disputes.Org / resolution Consortium in Canadian Montreal. All process is solving of the dispute conducted by through correspondences and also e-mail .

There is three conducive assessment a name domain can be transferred. First, the name domain looks like with a brand. Second, the name domain owner does not own the rights or legitimating on behalf of the domain. Third, the name domain registrant proven to own the bad intention.

Case of Name of domain Mustika-Ratu.Com in the reality more than simply dispute of name domain. KUHP, UU Anti Indisposed Emulation and Monopolies and UU Brand in the reality feel more is entitled to handle the case. Indonesia become the first state in a world of judging dispute of case of name domain judicially crime