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Initiating The Concept of Sui Generis of the Legal Protection of Communal Intellectual Property in The Philosophy of Science Perspective
Get PDFThis study aims to answer how the protection of Communal Intellectual Property rights in Indonesia and how the concept of sui generis can be applied from the perspective of the philosophy of science. The research method used is a doctrinal legal research method with an approach to legislation, legal concepts, and theories through literature search. The results show that until now Indonesia has recorded and documented the Communal Intellectual Property, both by the Directorate General of Intellectual Property of the Ministry of Law and Human Rights and the Directorate General of Culture of the Ministry of Education and Culture. Including the recording and registration of Intangible Cultural Heritage to UNESCO. However, legal protection of Communal Intellectual Property cannot be carried out optimally considering that several laws and regulations governing Communal Intellectual Property, especially those related to Traditional Cultural Expressions, are not in harmony with one another, besides thatno law specifically regulates this Communal Intellectual Property. On the other hand, considering the problems that are not easy to regulate, considering intellectual property protection which is individual protection while Intellectual Property Rights arecommunal. Therefore, Indonesia needs to immediately regulate the protection of Communal Intellectual Property in the form of law through the idea of the sui generis concept
The Existence of A Norm Regarding The Execution of Fiduciary Guarantees After The Issuance of The Constitutional Court Decision Number 18/PUU/XVII/2019
Get PDFThe issuance of the decision of the Constitutional Court Number 18/PUU-XVII/2019 on January 6, 2020, caused a change in the execution pattern of Fiduciary Guarantee objects. The issuance of this Constitutional Court decision was not accompanied by creating a new norm regarding the execution pattern of Fiduciary Guarantee objects. It brings legal uncertainty and ambiguity in executing Fiduciary Guarantee objects. Therefore, the statements of the problem in this paper are how is the pattern of execution after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019? And how is the existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019? The research method used is the normative legal research method. The pattern of execution of Fiduciary Guarantee objects after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 experienced ambiguity and obscurity because the contents of the Constitutional Court’s decision were only general norms. The existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019 is necessary to support legal certainty in executing objects of Fiduciary Guarantee
Hak Suaka versus Kedaulatan: Studi Kasus Pencari Suaka Etnis Rohingya
Get PDFThe right to asylum is a fundamental right under international law. Despite its fundamental nature, there are still numerous challenges to protect this right. The main challenge is sovereignty, which is the primary basis for the state in determining the one permitted to live on its own territory. The complicacy that the Rohingya underwent in seeking asylum in other countriesis clear evidence of this problem. Rohingya isrecognized as one of the world’s most persecuted minorities, grappling with decades of systematic atrocities. This paper aims to take a closer look at the problems of the right to asylum by answering questions about the challenges Rohingya faced. The study was conducted by juridical method to investigate the right of asylum problems through the experience of the Rohingya. As a result, the Rohingyas encounter a number of challenges in seeking and enjoying their right to asylum. These include denial of access to cross borders, forced deportation, denial of access to procedures to verify refugee status, use of voluntary repatriation as a pretext for withdrawing asylum, use of legal means to expel asylum seekers, and use of non-entre’e mechanisms.Hak suaka merupakan hak dasar yang diakui oleh hukum internasional. Terlepas dari pentingnya hak ini, masih terdapat tantangan yang dihadapi dalam pemenuhan hak ini. Salah satunya adalah kedaulatan negara, yang menjadi dasar dalammenentukan siapa saja yang diizinkan untuk tinggal dalam wilayah teritorial suatu negara. Permasalahan yang dihadapi oleh Etnis Rohingya dalam mencari suaka di negara lain merupakan bukti nyata permasalahan ini. Rohingya diakui sebagai one of the world’s most persecuted minorities, yang menghadapi beragam kekejaman sistematis sejak beberapa dekade yang lalu. Tulisan ini membahas tentang problematika hak untuk mendapatkan suaka dengan menjawab pertanyaan apakah bentuk tantangan yang dihadapi oleh Etnis Rohingya dalam mencari suaka. Penelitian dilakukan dengan metode yuridis dengan melihat pengalaman etnis Rohingya untuk mengetahui problematika hak suaka. Berdasarkan hasil penelitian, ditemukan bahwa terlepas dari adanya hak suaka, hak untuk memberikan suaka merupakan hak negara yang bersumber dari kedaulatan negara. Terkait dengan hal tersebut, terdapat beragam tantangan etnis Rohingya dalam mencari dan menikmati hak suaka. Bentuk-bentuk tantangan yang dihadapi oleh etnis Rohingya meliputi penolakan akses untuk melintasi perbatasan, pengusiran paksa, penolakan akses ke prosedur untuk memverifikasi status pengungsi, penggunaan repatriasi sukarela sebagai dalih untuk penarikan suaka, penggunaan sarana legal untuk mengusir pencari suaka, dan penggunaan mekanisme non-entre’e
Pemenuhan Hak Warga Negara Eks Timor Timur untuk Mendapatkan Kehidupan yang Layak
Get PDFEast Timor is one of the provinces in Indonesia which separated itself as a result of the referendum in 1999 and became a country named Republik Deokratik Timor Leste (RDTL). As a result of the referendum, residents who wished to remain Indonesian citizens had to leave and then flee to the nearest area, one of which was in the Belu district, East Nusa Tenggara which is directly adjacent to East Timor. This research finds data that there are unfulfilled rights of citizens and solutions so that their rights can be fulfilled. The purpose of the research is to find out what rights have been received and aims to provide solutions so that their rights can be fulfilled. Collecting data by interviewing sources and then analyzing it. There are rights of ex-East Timorese that not been fulfilled, namely the right to have a proper place to live, the right to get a job, the right for children. The government must pay more attention to the conditions of the residents so that their rights are fulfilled. These problems can be handled by providing training and opening up job opportunities so that they can be independent and no longer live in refugee camps.Timor Timur merupakan salah satu provinsi di Indonesia yang memisahkan diri akibat dari adanya referendum pada tahun 1999 dan menjadi negara bernama Republik Demokratik Timor Leste (RDTL). Referendum tersebut dilakukan dengan cara jajak pendapat di mana mayoritas warga Timor Timur memilih untuk memisahkan diri dari Indonesia. Akibat dari referendum tersebut warga yang menginginkan tetap menjadi warga negara Indonesia harus keluar dan kemudian mengungsi ke daerah terdekat salah satunya di wilayah Kabupaten Belu, Nusa Tenggara Timur yang berbatasan langsung dengan Timor Timur. Penelitian ini menemukan data bahwa terdapat hak warga eks Timor Timur yang sudah terpenuhi dan belum terpenuhi serta solusi agar hak mereka dapat terpenuhi. Tujuan penelitian untuk menganalisis hak-hak yang sudah diterima dan bertujuan untuk memberikan solusi agar hak-hak mereka dapat terpenuhi. Pengumpulan data dengan wawancara secara langsung degan pengungsi kemudian menganalisisnya. Terdapat hak-hak warga eks Timor Timur di pengungsian belum terpenuhi yaitu hak mempunyai tempat tinggal dan lingkungan yang layak, hak untuk mendapatkan pekerjaan, hak bagi anak-anak. Pemerintah harus lebih memperhatikan kondisi warga di pengungsian agar hak-hak mereka terpenuhi. Permasalahan tersebut dapat ditangani dengan cara memberikan pelatihan serta pembukaan lapangan pekerjaan agar mereka dapat mandiri dan tidak lagi tinggal di pengungsian
Measuring the Concept of Restoration in Criminal Justice System
Get PDFRegarding the restoration concept such as restorative justice, alternative dispute resolution, circle sentencing, and ishlah, Indonesia’s Criminal Justice System is not yet familiar with this concept. Generally, the concept of restoration is not known in Criminal Procedure Law (KUHAP) which adheres to the principle of legality. Based on this situation, it is interesting to study the concept of restoration, especially the functionalization of restoration concepts and the readiness of the Indonesian Criminal Justice System to implement the restoration concept. This research used a qualitative research method that discusses the concept and implications of restoration associated with the applicable rules or principles. The results show that the restoration concept, such as alternative dispute resolution, circle sentencing, and ishlah, is a concept that prioritizes the interests of the parties involved, namely the principle of win-win solution and recovery. This concept has long been practiced by the community, especially indigenous peoples and in the Criminal Justice System. It has been functionalized to resolve criminal cases that meet the requirements of both the level of investigation and prosecution as a way of resolving criminal cases. The implications of these concepts on the Indonesian Criminal Justice System are deviations from the principle of legality in the KUHAP. However, these implications are logically acceptable to the community in the framework of equitable and definite legal manifestations. It is recommended that the mechanism for implementing the restoration concept, such as alternative dispute resolution, circle sentencing, ishlah, can be included in the Draft Criminal Procedure Code (RKUHAP). Thus, in the implementation, the restoration concept can be juridically and formally accepted as a principle of the Indonesian Criminal Justice System
Resilience Capabilities of Female Inmates who are Covid-19 Survivors in the Pekanbaru Women’s Correctional Institution
Get PDFResilience is an individual's ability to adapt positively, be able to survive and remain stable and healthy when facing unpleasant and risky conditions, such as Covid-19 pandemic. This study is to describe the resilience ability of female inmates who are Covid-19 survivors at the Pekanbaru Women's Correctional Institution. In addition, this study aims to determine the sources of resilience in female prisoners who survived Covid-19 at the Pekanbaru Women's Correctional Institution to improve the resilience capabilities of prisoners. The research methods used are qualitative approach and descriptive design. Based on the results of the study, it is known that the sources of prisoners' resilience abilities in dealing with Covid-19 originating from self perception is positive thinking, acceptance, self-motivation, others’ supports, being diligent in worship and visitation, while those from self efficacy are self-control, looking for solutions, willing to repent, adapting, being independent, being grateful, appreciating time, interpreting life, doing good, and being devoted, while what comes from I Have are the support and the rules. The results of the study also found that there were female prisoners who survived Covid-19 who were Non-Resilient are paranoia, stress, low self-esteem and denials, self-isolation, indifference, fear and pressure, breaking the rules and lack of attention. Therefore, intense efforts need to be made so that non-resilient prisoners have the ability to be resilient in dealing with Covid-19
Copyright Legal Protection for Portrait on Trademark (Analysis on Cassation Decision Number 52k/Pdt.Sus-Hki/2021)
Get PDFLegal Protection within the scope of Copyright includes the protection of 2 (two) basic rights, Moral Rights and Economic Rights. The goal is that there are restrictions so anyone cannot use other’s Copyrights commercially without permission from the Creator or His Heirs. In the case of the use Mrs. Meneer's Portrait in Trademark without written permission of the Heirs, it becomes debate whether the legal protection of the Portrait remains under the Copyright Law, or its Exclusive Rights have been lost because it falls within the scope of the Trademark Law. The research method used is normative juridical, by reviewing related laws and regulations, and conducting literature studies. The approach is carried out with Cassation Verdict No. 52 K / Pdt.Sus-HKI / 2022. The research concludes that the legal protection of Portraits in Trademarks remains based on the Copyright Law which adheres to the principle of Automatic Protection, so that the Exclusive Rights of the Creators remain. However, the Judge in His consideration determined the plaintiff's legal standing was not based on copyright principles. Based on this case, it is necessary to review the Copyright Law related to the principle of Automatic Protection of the Heirs in order to create justice and legal certainty
The Dilemma of Hospitality: Revisiting Indonesia’s Policy on Handling Refugees Under International Law
Get PDFPresidential Regulation No. 125 of 2016 is the first regulation that provides a normative framework to manage refugees and asylum seekers in Indonesia. However, many scholars believe that this regulation is simply an institutionalization of several existing informal practices, and it does not introduce any substantive changes to ensure refugee protection. This paper analyzes the content of the Presidential Regulation, including its background, structure, wording, and its aims. In addition, this study identifies the limits of the regulation in fulfilling, protecting, and respecting human rights based on the international human rights instruments. This article contends that the Presidential Regulation portrays what I call dilemma of hospitality. It reflects on the one hand, the regulation welcomes the refugees by providing mandates to the authorities to rescue those stranded at sea and to provide accommodation during their stay. On the other hand, the regulation implies a kind of distrust to the refugees—treating them as a threat, limiting their movement, and forbidding them from work. The dilemma by and large affects the effective fulfillment of the rights of the refugees. This study offers some policy recommendations
Limitation of The President's Power to Declare a State of Emergency: a Comparison of France, India, and Indonesia
No full textThe state must declare a state of emergency under certain conditions that endanger the safety of the state and society. Limiting the power to the declaration of a state of emergency is essential because this great authority cannot be used according to the President's will, so it is necessary to have restrictive mechanisms so that the President does not misuse the authority to carry out the emergency. However, the Indonesian constitution does not stipulate any restrictions on the powers of the President in declaring a state of emergency. This study aims to determine the dangers of not limiting the President's powers in declaring a state of emergency in the Indonesian constitution by using the arrangements and practices of emergency law in France and India. The approach used in this study is a comparative level that compares the contents of the constitution's text and compares the implementation and history of the constitution. The result of this study is limiting the power of the President in declaring a state of emergency is necessary based on a comparison of arrangements and experiences in France and India. Therefore, Indonesia must restrict the President's power in declaring a state of emergency to its constitution
Revisiting Legal and Ethical Challenges in Fulfilling Human Right to Clean Air in Indonesia
Get PDFPro-investment and development government policies to achieve people’s welfare can potentially violate human right to clean air through business activities that contribute to air pollution. In Jakarta, this condition led to a public lawsuit against the central and regional governments, who were considered liable for the air pollution and harm suffered by the community. This study reviews the concept of the right to clean air as a human right and analyzes the legal and ethical challenges in fulfilling human right to clean air in Indonesia. The discussion includes the relationship between business and human rights, the concept of clean air as a human right and a review of the legal framework to enforce liability and accommodate legal remedies and the private initiatives to drive and implement more responsible choices to reduce air pollution. The method used in this study was a literature study with data analyzed qualitatively. The paper concludes that people’s right to clean air is a fundamental human right. The fulfillment of human right to clean air can be driven by state’s power to impose regulation and the implementation of ethical and responsible business activities by corporations. The government needs to strengthen regulations related to air pollution control and business legal compliance, notably strengthening applicable air quality standards in accordance with evidence-based, internationally recognized standards to protect public health. Similarly, corporations should act as “moral agents” who apply ethical behaviors in their business activities to minimize air pollution