Sebuah Kajian Pustaka: e-Journal of Linguistics Available online at https://ojs.unud.ac.id/index.php/eol/index Vol. 17, No. 2, July 2023, pages: 143--149 Print ISSN: 2541-5514 Online ISSN: 2442-7586 https://doi.org/10.24843/e-jl.2023.v17.i02.p02 143 MS Glow and PS Glow: A Forensic Linguistics Study I Putu Pe rmana Mahardika Dinas Kebudayaan Provins i Ba li, Denpasar, Indones ia. Ema il: permanamahardika@gmail.c om Article info Abstract* Received Date: 29 Agustus 2022 Accepted Date: 5 September 2022 Published Date: 31 July 2023 Keywords:* Forensic Linguistics, Trademark , MS Glow and PS Glow The feud between PS Glow and MS Glow became a conversation that caught the public's attention. One of the parties is considered to have the same principal trademark, so the intention to imitate, plagiarize or follow the other party's brand for business purposes creates unhealthy business conditions and deceives or misleads consumers. This study analyzes the trademark dispute between PS Glow and MS Glow. The data sources in this study are the Decisions of the Supreme Court of the Republic of Indonesia Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Mdn and Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby. This research uses methods and techniques which are divided into three stages, namely (1) the data collected by observation method assisted by note-taking technique; (2) Data analysis using qualitative methods. The data analysis technique used descriptive technique; and (3) Presentation of the data analysis results using informal and formal methods. The results show that PS Glow and MS Glow are other trademarks. It can be seen based on the analysis at the phonological level, namely the presence of sounds that can distinguish meaning, namely /p/ - /m/. Thus, it can be said that the decisions of judges are considered inaccurate. 1. Introduction The feud between MS Glow and PS Glow began when Septia Yetri Opani, better known as Septia Siregar, was about to launch the PS Store Glow (PS Glow) bra nd on s oc ial media. However, whe n the production process was about to start, MS Glow c laimed that the products launched by PS Glow had s imilarities; and did reporting. In line with this , quoted from kompas.com (J uly 29, 2022), the na me PS Glow comes from the abbreviation of her hus band's name, Putra Siregar. Se ptia Siregar c laims that before the PS Glow product launc h, the owner of MS Glow, Sha ndy Purna masari, had contacted him via Instagra m to ask him to w ork together in September 2019. In the screenshots shared, it was revealed that Sha ndy invited Se ptia to work together in the beauty sector. Shandy immediate ly offered one of the cos metic factories he owned. However, over time , Septia dec ided to launc h the PS Glow product without co operating with Sha ndy. Later, Shandy objected because the name PS Glow was similar to MS Glow. Shandy file d a lawsuit to the Medan D istrict Court (PN) in March 2022. In his dec is ion, on J une 13, 2022, MS Glow was declared victorious , and the judges decided to cancel PS Glow's registration. mailto:permanamahardika@gmail.com 144 Not only suing in court, but Shandy a lso re ported the owner of PS Glow , na mely Putra Siregar, to the Crimina l Investigation Department. The report is registered w ith the number LP/B484/VII/2021/SPKT/BARESKRIMPOLRI. In his report, Shandy reported that Putra Siregar had committed crimes re lated to trademarks for violations of Artic le 100 Paragraphs (1) and (2), Artic le 101 Paragraphs (1) and (2), and Artic le 102 of Law No. 20 of 2016 concerning Bra nds and Ge ographical Indications. Putra Siregar was also charged w ith a crime re lated to tra de secrets for violating Article 17 in conjunction w ith Artic le 13 and Artic le 14 of the Republic of Indonesia Law Number 30 of 2000 concerning Trade Secrets. After the Medan District Court's decis ion, both parties had time to me ditate. However, the mediation did not find common ground. PS Glow the n dec ide d to respond to MS Glow's lawsuit for the same case at the Surabaya Commercia l Court. On beha lf of PT PStore Glow Bers inar Indones ia, Putra Sire gar, through his attorney, sued several parties related to MS Glow. The lawsuit was registered on April 12, 2022, with case number 2/Pdt.Sus -HKI/Merek/2022/PN Niaga Sby. The judges then granted PT PStore Glow Bersinar Indonesia's lawsuit on July 12, 2022. PT PStore Glow Bers inar Indones ia has exc lus ive rights to the use of the "PS Glow " and "PStore Glow " trademarks registered with the Directorate Genera l of Inte llectua l Property of the Ministry of Law and H uman Rights. Furthermore , the Surabaya D istr ict Court a lso sente nced the defendant to pay compensation of Rp 37. 9 billion. The verdict punis hes the defendants for stopping the production, trade, and withdrawa l of all cos metic products under the MS Glow brand c irculating in Indonesia. Lost in the Surabaya District Court verdict, MS Glow filed an appeal on June 12, 2022. MS Glow cla imed its trademark ha d been registered with the Directorate Ge neral of Intellectua l Property in 2016, while PS Glow was only registered in 2021. Referring to the brief description of the feud between PS Glow and MS Glow , there are exciting things from the perspective of forens ic linguistics , especia lly in phonology. Phonology at the linguistic le ve l expla ins the sound syste m of la nguage that forms w ords and leve ls above words : the process of change, triba l patterns, the discovery of phone mes and allophones, and the ir interpretation. From a forens ic point of view, phonology can be used to explain the sound elements of la nguage that are a lega l dis pute, cons idering that there are similarities in names between PS Glow and MS Glow. 2. Research Me thods This research is an atte mpt to expla in linguistic phenomena from a lega l perspective. This research should use forens ic linguistics. Meanwhile , the methods and techniques used are grouped into several parts, na me ly (1) data collection, name ly by us ing observation methods assisted by note-taking techniques. The data sources in this study are the Decis ions of the Supre me Court of the Republic of Indonesia N umber 2/Pdt. Sus.HKI/Merek/202 2/PN Nia ga Mdn and Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby; (2) data analys is, name ly by us ing qua litative methods , assisted by us ing descriptive analytica l techniques; and (3) presenting the results of data analys is , us ing forma l and informa l methods (Sudaryanto, 1993, 2015). 3. Discuss ions Forensic linguistics is an approach that discusses the re lationship between language and lega l iss ues, both la nguage as lega l evidence and la nguage as lega l disc ourse. In this case, language as lega l evidence is assoc iated w ith efforts to determine the author/speaker of the text and interpret the meaning/intent of the text. Meanw hile, language as le ga l disc ourse inc ludes the 145 language of laws, re gulations , langua ge in court, and de bates between the Gakim, lawyers, and those on tria l (O lsson and Luchjenbroers , 2014). Texts that have the potentia l for forens ic linguistic studies, such as suic ide notes, fake news, and lega l language. In other words , forens ic linguistics is a field of applie d linguistics that seeks to scientifically ana lyze the linguistic evidence of a crime for law enforcement purposes; in a s imple editoria l, forens ic linguistics is the application of the princ iples and methods of linguis tic studies in le gal and law enforcement issues (McMenamin, 2002). Forens ic linguis tics was first used by a professor named Jan Svartvik in 1968 after he succeeded in ana lyzing the murder confession statement a llegedly made by the a lleged killer, John Evans , in England in 1949. In 1968, Svartvik ana lyzed the confession text. The police have kept the murderer for nineteen years. According to the police, the confession was made by the perpetrator during interrogation at the police station. Thanks to the ana lys is by Startvik, it is known that the confess ion text was not made by John Evans but by the police (O lsson, 2008; Olsson and Luc hjenbroers, 2014). 4. Nove lties It has been expla ined previous ly that forens ic linguis tics is a linguistic study that dea ls with lega l issues. The case of the feud between MS Glow and PS Glow can technically be studied based on the graphological-phonologica l aspects. No Brand Registration Number Owner Class 1 IDM000633038 SHANDY PURNAMASARI, PT KOSMETIKA CANTIK INDONESIA 3 2 IDM000639146 PT KOSMETIKA CANTIK INDONESIA 3 No Brand Registration Number Owner Class 1 DID2021030679 (01/05/2021) Putra Siregar 3 146 2 DID2021020469 (25/03/2021) Putra Siregar 3, 44 3 DID2021030680 (01/05/2021) Putra Siregar 3 Data Source: Direktori Putusan Mahkamah A gung Republik Indonesia Nomor 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Mdn MS Glow and PS Glow have only one sound that distinguishes the tw o, name ly [m] – [p]. Phonetically, [m] – [p] both be long to the inhibitory consona nts, w hich have the characteristics [+anterior, +c onsonanta l]. These two sounds are re lated to the sounds of language produced by the lips , name ly the upper and lower lips. O n the other hand, the two s ounds have a funda menta l difference in terms of voic ing, [p] is [-s ound] (occurs w ithout sound vibration); otherwise , [m] is [+voice] (occurs w ith vocal cord vibrations). Phonologically, /p/ - /m/ as a pair of sounds that can both distinguis h meaning. For example , the word piring 'plate' and miring 'sloping'; pa lu 'ha mmer' and ma lu 'shy, embarrassed' in Indones ian are only distinguis hed by /p/ a nd /m/. H owever, even though the two sounds are very s imilar on an articulatory basis , they both be long to the bilabia l-blocking group of sounds; but ha ve a difference in voice , name ly [p] is voice less, while [m] is voice. 147 Referring to the results of a simple ana lys is that has been carried out, it can be seen that the Medan District Court pane l of judges gave a decis ion to the defendant; name ly, PS Glow, to delete the registered mark, na mely 1. PSTORE GLOW with Registration Number: IDM000943833, Class of Goods/Services 3; 2. PSTRORE GLOW with Registration Number: IDM000943834, Goods/Services Class 3, 44; and 3. Pstore Glow Men, with Registration Number: IDM000943835, Class 3 Goods/Services are deemed inappropriate. On the other hand, the same thing als o happened to the Surabaya D istrict Court's decis ion which gave a verdict to the defendant (MS Glow), who was deemed to ha ve similarities with PS Glow which was deemed inappropriate. A similar case has occurred between the Be natoz trademark and Ba nadoz. Banadoz is produced by PT Sa ndoz Indones ia , which is located at Jalan TB Simatupang, Pasar Rebo, East Jakarta. PT Sandoz registered the Banadoz trademark w ith the Director Genera l of Inte llectua l Property (KI) of the Minis try of Law and Human Rights under the number IDM000190216 dated January 19, 2009; while Be natoz is produced by Erlan Suherlan, having his a ddress at Cilacap, East Jakarta; and has pocketed a trade mark certificate with the number IDM000388154 dated May 6, 2013. Feeling the resemblance, PT Sandoz then sue d the Ministry of Law and Human Rights to revoke the Benatoz brand because it was cons idere d to ha ve similar pronunc iation. The Panel of Judges later rejected the lawsuit. The Panel of Judges was deemed appropriate to reject the lawsuit cons idering that phonologica lly /t/ - /d/ and /e/ - /a/ are two different pa irs of sounds (see Pastika, 2019). 5. Conclus ion Based on the ana lys is conducted, some things can be conc luded in this study, name ly forens ic linguistics as a branc h of linguistics can carry out linguistic ana lys is from a lega l perspective. As a doma in re lated to the e nforcement of just ice , forens ic linguistics only provides signs that can re veal the truth, which w ill lead to justice as evidenced by the ele ments of language , both micro linguistics such as phonology, which is the topic of ana lys is in this study, as well as macro linguistics. 6. Acknowle dge me nts The author expresses his deepest gratitude to all parties contributing to this study. The author hopes this paper can provide an overview of the ana lys is of brand name disputes based on a forensic linguistics perspective. Hopefully, this study can provide benefits. Re fe re nces Coulthard, M., Johns on, A., & Wright, D. (2017). An Introduction to Forensic Linguistics: Language in Evidence. Second Edition. Abingdon, Oxon: Routledge. Fitri, N. (2018). PERILAKU NONVERBAL JESSICA DALAM SIDANG PERADILAN. Jurnal Kata: Penelitian Tentang Ilmu Bahasa Dan Sastra, 2 (2), 172-181. doi:http://dx.doi.org/10.22216/jk.v2i2.3049 https://dx.doi.org/10.22216/jk.v2i2.3049 148 Gibbons , J. & Ture ll, M. T. (2008). Dimensions of Forensic Linguistics. Amsterdam and Philade lphia : John Benja mins B.V. Guillé n-N ieto, V. & Stein, D. (2022). Introduction: Theory and Practice in Forensic Linguistics. In: Guillé n-N ieto and Ste in, D. (eds) Language as Evidence. Cham: Palgrave MacMilla n. Kurzon, Danis. 2008. Dimensions of Forensic Linguistics. A msterdam: Jhon Benja mins Publis hing Company. McMenamin, G. R. (2002). Forensic Linguistics: Advances in Forensic Stylistics. Boca Raton et al. : CRC Press. Olsson, J. (2008). Forensic Linguistics: Second Edition. London and New York: Continuum. Olsson, J. , & Luchjenbroers, J. (2014). Forensic Linguistics. London: Blooms bury Academic. Pastika, I Wayan. (2019). Fak ta Bahasa Sebagai Fakta Hukum: Kajian Linguistik Forensik . Denpasar: Maka lah Undangan Seminar Bulan Bahasa Universitas Udayana. Sudarya nto. (1993). Metode dan Aneka Teknik Analisis Bahasa: Pengantar Penelitian Wahana Kebudayaan Secara Linguistis. Yogyakarta : Duta Wacana Univers ity Press. Sudarya nto. (2015). Metode dan Aneka Tek nik Analisis Bahasa: Pengantar Penelitian Wahana Kebudayaan Secara Linguistis.Yogyakarta: Sanata Dharma University Press. 149 Biography of Authors I Putu Permana Mahardika was born in Denpasar on June 3rd, 1993. He completed his master's degree in 2019 at Udayana University , specializing in linguistics. His research interests include discourse, phonology, forensic, landscape, and cultural linguistics. Currently, he works at the Department of Culture, Bali Province. Email: permanamahardika@gmail.com mailto:permanamahardika@gmail.com