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Initiating The Concept of Sui Generis of the Legal Protection of Communal Intellectual Property in The Philosophy of Science Perspective
No full textThis 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
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
Intellectual Property Rights as The Resource for Creative Economic in Indonesia
No full textIntellectual Property (IP) objects from copyright such as songs and films have economic value that can improve the country's economy and can even be used as collateral for credit, but the condition is that they must be registered with the ministry of law and human rights. Law No. 24/2019 has not yet regulated in detail the mechanism for granting credit to creative economy actors with intellectual property collateral objects. The research method used here is in the form of a doctrinal approach to laws and regulations. Primary sources are relevant legal regulations related to intellectual property and credit financing, and secondary sources are books and journals. The purpose of this research is to understand credit financing with collateral in the form of songs and films. PP No.24/2022 provides flexibility for creative economy actors to obtain credit financing not only at bank financial institutions but also at non-bank financial institutions. However, the special conditions that are regulated are that the intellectual property has been registered or registered with the ministry that organizes government affairs in the field of law, the intellectual property has been self-managed, and or the rights have been transferred to another party
Problems with Time Limitation Regulation in the Settlement of General Election Offenses
No full textThe electoral legal framework in Indonesia is designed to be highly complex, which causes several problems. One of them is in the realm of election offenses, considering the establishment of the settlement mechanism is complicated due to the very short time limit. This research aims to identify, examine, study, and discover many regulatory problems that will undoubtedly help law enforcers to settle election offenses in the future. This research falls under the category of normative legal research prioritizing the use of secondary data, including primary, secondary, and tertiary legal materials. Based on the data used, the documentation study/library study technique with tools in the form of written materials as described was used and qualitatively analyzed. The research finding showed that the specialization of the regulation in the form of speedy trial or fast-track judicial process is the root of the problem in the settlement of election offenses, considering the existing problems cannot be separated from it
Peran Kolaboratif Organisasi Masyarakat Sipil mengintegrasikan Nilai-Nilai Hak Asasi Manusia dalam Tata Kelola Bisnis Perkebunan Sawit di Sumatera Utara
No full textThis study aims to explore the collaborative effort by the Civil Society Organization (CSO) and its significance to encourage corporations in terms of compliance and implementation of the United Nations Guiding Principles on Business and Human Rights (UNGP), particularly in palm oil plantations in North Sumatra. Integration of human rights values into conducting business activities is mandated by UNGP. Indeed, each of the principal actors of UNGP has a governance system to govern their powers and influences and a so-called polycentric governance system. Therefore, a collaboration strategy for strengthening synergy to implement UNGP is needed. This research is conducted by qualitative analysis method with an exploratory design study by collecting data through interviews and various secondary references related to UNGP and its commentaries and reports on this relevant study. The result indicates that PKPA's programs enhance the capacity building of the primary stakeholder including people who are potentially affected by the company's activities. This is the strategic partnership to incorporate UNGP into palm oil plantation business activities. This research recommends that the PKPA's programs, especially REBOUND can be able to be developed by creating new participative modelsto strengthen the implementation of UNGP, mainly human rights due diligence mechanism and access to effective remedies affected by corporations.Studi ini bertujuan untuk mengeksplorasi upaya kolaboratif Organisasi Masyarakat Sipil (OMS) untuk mendorong akuntabilitas korporasi dalam kepatuhan dan implementasi United Nations Guiding Principles on Business and Human Rights (UNGP), khususnya di sektor bisnis perkebunan kelapa sawit di Sumatera Utara. Integrasi nilai-nilai HAM ke dalam tata kelola bisnis merupakan mandat penting UNGP. Selain itu, masing-masing aktor utama dalam UNGP memiliki basis tata kelola sistematis untuk menjalankan kekuasaan dan pengaruhnya dan dikenal sebagai sistem tata kelola polisentris. Di sinilah pentingnya upaya membangun strategi kolaborasi yang efektif untuk salingmenguatkan taraf implementasiUNGP. Penelitian inimenggunakan analisis metode kualitatif dengan desain kajian eksploratif dan koleksi data berdasarkan wawancara dan ragam data sekunder yang berkaitan dengan UNGP, termasuk komentar dan penafsirannya. Hasil penelitian menunjukkan bahwa program-program PKPA mampu mendorong peningkatan kapasitas pemangku kebijakan dalampelibatanmultipihakmenginkorporasiUNGPke dalam aktivitas bisnis. Penelitian inimerekomendasikan program-program Pusat Kajian dan Perlindungan Anak (PKPA), yakni RESBOUND dapat dikembangkan melalui penciptaan model-model partisipatif baru untuk mendukung penguatan implementasi UNGP, terutama penguatan mekanisme uji tuntas HAM dan akses pemulihan yang efektif atas dampak pelanggaran HAM dalam relasi aktivitas bisnis
Detensi Imigrasi Berkepanjangan yang Bertentangan dengan HAM pada Fasilitas Detensi Imigrasi di Jepang: Tinjauan Perspektif Institusional
No full textRecently, some cases of human rights violations in immigration detention centers across Japan have attracted worldwide attention. Those inhumanely considered cases necessitated the United Nations expressing an opinion through the United Nations Working Group on Arbitrary Detention. This study found that ingrained ideologies of homogeneity in Japanese society give rise to immigration policies that tend to hinder the integration of immigrants into Japanese society. This research looks at three main areas: first, how the ideology of homogeneity led to prolonged immigration detention in Japan; second, whether immigration detention in Japan violates international human rights law; and, finally, the guarantee of human rights protection for detainees in Japan. a qualitative research method using a literature review to describe how ethnic homogeneity causes prolonged immigration detention in Japan that is against international law through an institutional frame.Detensi berkepanjangan di sejumlah fasilitas detensi imigrasi yang tersebar di seluruh Jepang telah menarik perhatian dunia, PBB melalui United Nations Working Group on Arbitrary Detention menyampaikan opini terhadap kasus-kasus pelanggaran Hak Asasi Manusia yang terjadi akibat detensi berkepanjangan di Jepang. Penelitian ini menemukan bahwa ideologi homogenitas etnis yang mengakar kuat dalam masyarakat Jepang menghasilkan kebijakan imigrasi yang cenderung menghambat integrasi imigran ke dalam masyarakat Jepang menyebabkan detensi berkepanjangan yang bertentangan dengan HAM. Artikel ini akan membahas tentang tiga masalah yaitu pertama bagaimana homogenitas etnis dapat menyebabkan detensi berkepanjangan di Jepang, kedua apakah detensi imigrasi di Jepang bertentangan dengan hukum Internasional dan ketiga bagaimana jaminan perlindungan HAM bagi deteni. Metode penelitian kualitatif dengan menggunakan kajian literatur dan untuk mendeskripsikan bagaima homogenitas etnis menyebabkan detensi berkepanjangan di Jepang sehingga bertentangan dengan hukum internasional melalui perspektif institusional.
Three Arguments to Support International Binding Treaty on Business and Human Rights
No full textThe development of the promotion and protection of human rights, in general, has been gladdening. However, in instances where human rights are affected by business activity, efforts to uphold them meet certain obstacles. This is exacerbated when the business activity involves a complex and international dimension in it"”i.e., in the case of multinational enterprises. This paper provides three arguments to support the establishment of international binding treaty on business and human rights. It examines the current Corporate Social Responsibility platform, state responsibility to protect human rights, and also the importance and benefits of legally binding treaty. This research found that the implementation of the current CSR platform fails to prevent business harm to human rights. Therefore, state responsibility is fundamental in this matter and should be enhanced by the duty to establish an international treaty. A legally binding treaty is important to protect human rights from irresponsible business activity and can be beneficial and relevant to the interest of parties involved in business and human rights
Penanganan Hak Atas Perumahan yang Layak terkait Backlog Di Masa Pandemi COVID 19: Studi Kasus di Kota Samarinda
No full textBacklog issues were the main problems during the pandemic. Samarinda City Government istrying to overcome this by presenting affordable housing with the concept of the welfare state (wohlfahrtsstaat). However, this has not been realized, especially for the homeless and People with Social Welfare Problems (PMKS). This study aims to analyze the Samarinda City Government's effort to overcome the backlog issue to fulfill the right to decent housing for PMKS. This research used a juridical normative method by statute and a case study approach with legal sociological. The results show the housing rights fulfillment in Samarinda City has not been fulfilled as a crucial issue to mitigate the spread of Covid-19. The policy implications are still in conflict with constraints such as land availability and are not yet equity-oriented. It is necessary to synchronize policy arrangements with the fulfillment of rights through human rights conventions which are ratified by the Samarinda City Government on availability, affordability, and sustainability aspects.Isu backlog menjadi permasalahan utama perumahan di tengah pandemi Covid-19. Pemerintah Kota Samarinda berusaha mengatasi dengan rumah layak huni yang terjangkau dan sesuai konsep negara kesejahteraan (wohlfahrtsstaat). Namun, hal ini belum dapat diwujudkan terutama bagi tunawisma dan PenyandangMasalah Kesejahteraan Sosial (PMKS). Penelitian ini bertujuan menganalisis upaya Pemerintah Kota Samarinda mengatasi isu backlog untuk memenuhi hak atas perumahan layak bagi PMKS. Penelitian ini menggunakan metode normatif yuridis dengan pendekatan studi kasus dan pendekatan sosiologis hukum. Hasil penelitian menunjukkan pemenuhan hak atas perumahan yang layak di Kota Samarinda belum terpenuhi dan menjadi isu krusial dalam upaya mitigasi penyebaran Covid-19. Implikasi kebijakan masih berbenturan dengan kendala seperti ketersediaan lahan dan belum berorientasi pada pemerataan. Oleh karena itu, perlu dilakukan sinkronisasi pengaturan kebijakan dengan pemenuhan hak melalui konvensi HAM yang sudah diratifikasi oleh Pemerintah Kota Samarinda terkait aspek ketersediaan, keterjangkauan dan keberlanjutan
SIPKUMHAM and The Rise of Digitalization in the Ministry of Law and Human Rights
No full textThe use of digital has accelerated after Covid-19 Pandemic which now has turned to the third year. The implementation of digital development is the emergence of digital system in government administrations which is known as Electronic Government. The situation encourages the use of digital government, or more specifically the use of digital system in government administration system or known as E-Government. Digitalization occurs in many areas including in law and human rights. However, the impact of digital acceleration on working procedures at the Ministry of Law and Human Rights becomes the main focus, currently. This article aims to unfold the process of digital acceleration procedures at the Ministry of Law and Human Rights, handling law and human rights affairs. In particular this article will discuss the SIPKUMHAM application. In fact, the attachment of digitalization, has been stated by Law and Human Rights Research and Development Agency within the SIPKUMHAM which contains databases regarding to the issues and its control. This study uses empirical juridical research of qualitative approach. We found that databases are needed to make evidence-based policy. The SIPKUMHAM application becomes a research information system that is able to provide factual data in terms of policy recommendations and tangible forms of performance to the Republic of Indonesia.The use of digital has accelerated after Covid-19 Pandemic which now has turned to the third year. The implementation of digital development is the emergence of digital system in government administrations which is known as Electronic Government. The situation encourages the use of digital government, or more specifically the use of digital system in government administration system or known as E-Government. Digitalization occurs in many areas including in law and human rights. However, the impact of digital acceleration on working procedures at the Ministry of Law and Human Rights becomes the main focus, currently. This article aims to unfold the process of digital acceleration procedures at the Ministry of Law and Human Rights, handling law and human rights affairs. In particular this article will discuss the SIPKUMHAM application. In fact, the attachment of digitalization, has been stated by Law and Human Rights Research and Development Agency within the SIPKUMHAM which contains databases regarding to the issues and its control. This study uses empirical juridical research of qualitative approach. We found that databases are needed to make evidence-based policy. The SIPKUMHAM application becomes a research information system that is able to provide factual data in terms of policy recommendations and tangible forms of performance to the Republic of Indonesia
Ar-B (Augmented Reality and Brille) Module Innovation of Learning Media in the Fulfillment of Human Rights Field of Education for Visually Impaired Person
No full textThe development of the Ar-B (Augmented Reality and Braille) TikTok-based Learning Media Innovation in Indonesia addresses a critical human rights issue especially on ensuring equal access to education for individuals with disabilities, particularly those with visual impairments. Despite there being over 3 million visually impaired individuals in Indonesia, only a fraction of media content is accessible to them. This stark inequality violates the fundamental human rights principles of non-discrimination and equal access to education, as outlined in international agreements such as the Universal Declaration of Human Rights and the Convention on the Rights of Persons with Disabilities. During the COVID-19 pandemic, when traditional educational avenues were disrupted, 99% of students turned to social media for learning, highlighting the urgency to make digital platforms inclusive. TikTok emerged as a predominant medium, with a significant proportion of students using it extensively. The Ar-B innovation leverages technology to bridge this accessibility gap by integrating Augmented Reality and Braille, thus enabling both visually impaired and non-impaired students to access educational content effectively on TikTok. Through the Research and Development (R&D) process and rigorous validation, the Ar-B Module has demonstrated a 92% validity rate and shown to enhance student learning outcomes. By ensuring that educational tools are inclusive and accessible, this innovation not only supports the educational rights of disabled individuals but also contributes to broader human rights goals of equity and inclusivity in education. It exemplifies Indonesia's commitment to fulfilling its obligations under international human rights frameworks by promoting inclusive education through innovative technological solutions.In Indonesia alone there are 3 million more people with visual impairments and there are only 10% of media available, and during the covid19 pandemic 99% of students actively use social media during the pandemic especially social media Tiktok which is about 78% of students using Tiktok longer. Even Tiktok's social media users are increasing by around 14.3 million per month. Seeing these problems, the researchers made a new innovation, namely the Ar-B (Augmented Reality and Braille) Tiktok-based Learning Media Innovation which is used for normal and visually impaired students in an effort to fulfill human rights in the field of education for the community. with disabilities. This research uses the R&D type with the Borg and Gall development model. Data collection techniques were carried out through observation, questionnaires, literature studies, documentation and trials and then analyzed using media expert validation analysis techniques, material expert validation analysis techniques and trial analysis techniques. The specific purpose of making this media is to find out whether the Ar-B Module is valid to use and how the student learning outcomes after using this module. The results of this study indicate that the module Ar-B has a validity level of 92% and can improve student learning outcome