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The right to scientific discovery as an object of legal protection: National and international perspectives
Full text linkIntroduction to the Problem: This article explores the concept of the right to scientific discovery as a fundamental aspect of human rights, examining its legal protection both at the national and international levels.
Purpose/Study Objectives: The purpose of this research is to analyze the domestic legal framework for rights to scientific discoveries and characterize foreign approaches to regulating relations related to the implementation and protection of rights to this object of intellectual property.
Design/Methodology/Approach: The methodology covers both general scientific and specific legal methods. In particular, the authors used the following methods: analysis and synthesis, formal-legal, comparative-legal, analytical-prognostic, socio-legal research, empirical, and induction methods. By analyzing national laws, international treaties, and case studies, this research provides a comprehensive overview of the legal landscape surrounding the right to scientific discovery.
Findings: The right to scientific discovery is a critical aspect of legal protection at both national and international levels. While intellectual property laws provide a primary mechanism for protecting scientific discoveries, broader human rights frameworks and international treaties also play vital roles. Moreover, significant disparities exist between countries regarding access to scientific knowledge and research capacity. Thus, international cooperation and support are crucial to mitigate these imbalances and promote global equity in scientific advancement. Finally, balancing the rights of individual inventors with the public interest, ethical considerations, and global equity remains a complex and ongoing challenge.
Paper Type: Research Articl
Data theft and the law on protection of personal data: A thematic analysis
Full text linkIntroduction to the Problem: Data theft and leakage have severe consequences and can harm individuals, organizations, and society. Such problems also frequently occur in Indonesia massively.
Purpose/Study Objectives: This study aims to analyze the efficacy of legal measures, particularly Law Number 27 of 2022, in addressing these issues and explores challenges hindering effective enforcement.
Design/Methodology/Approach: This study employs a qualitative approach, specifically thematic analysis, to examine the legal landscape of personal data protection in Indonesia, utilizing Law Number 27 of 2022 as the primary document for analysis. The data was then transferred to Nvivo 12 Plus for coding, classification, and coding based on units of analysis, including theme identification and text search to find words, phrases, or text patterns.
Findings: The study reveals that substantial steps, including the enactment of the Personal Data Protection law, have been taken to address data theft in Indonesia. The law establishes criminal consequences, encompassing imprisonment, fines, restitution, or a combination thereof. However, despite these measures, challenges persist, including limited law enforcement capacity, insufficient awareness of data protection, constrained inter-agency cooperation, and the swift pace of technological advancements. Furthermore, issues such as limited digital evidence, sluggish legal processes, low reporting rates, ineffective penalties, and difficulties in enforcing laws in cyberspace compound the challenges faced by law enforcement in Indonesia.
Paper Type: Research Articl
The legal protection of domain names in Jordanian legislation and the rules of the unified domain name dispute resolution policy issued by ICANN
Full text linkIntroduction to The Problem: The problem of the study was that the Jordanian legislative system is devoid of any special legal regulation or even a system that defines domain names in terms of their nature and means of legal protection for them. There is only the “Registration Policy” that the Ministry of Digital Economy and Entrepreneurship is implementing to register national domain names. This policy only addresses the technical and procedural aspect of domain name registration without specifying its legal nature.Purpose/Objective Study: The purpose of the study is to illustrate the topic's uniqueness and theoretical and practical significance. Due to the lack of specific regulations in many countries and the rise of cases handled by courts in this area, it presents several practical and legal issues. Therefore, the study aims to shed light on this phenomenon and try to find the best solutions to it in light of Jordanian legislation and the rules of the Unified Policy for Resolving Domain Name Disputes issued by ICANN.Design/Methodology/Approach: In its preparation, the study relies on the descriptive and analytical approach by describing the case, citing relevant legal texts, analyzing them, and applying them to reality. This is done by analyzing the texts of the Jordanian national domain name registration policy and comparing it with the legal texts contained in the rules of the Unified Policy for Resolving Domain Name Disputes issued by the ICANN under study.Findings: The study recommended a number of recommendations, the most important of which is the need to enact legislation specific to national domain names to determine the nature of these names and their legal nature. This legislation also includes provisions for their legal protection, stipulating appropriate legal ways and means to confront the assault on them, and provisions for liability resulting from them.Paper Type: Research Articl
The settlement dispute of Venezuela's referendum on Guyana's indigenous communities' territorial concerns by ICJ
Full text linkIntroduction to The Problem: Venezuela held a referendum on December 3, 2023, within its own borders, to address territorial matters with the indigenous communities of Guyana. The referendum was conducted in accordance with the indigenous Pemon community's desire, originating from the Essequibo area of Guyana. Guyana asked the International Court of Justice (ICJ) to block the act of Venezuela, but the voters rejected the ICJ and continued doing the referendum.
Purpose/Objective Study: This study aims to examine the settlement dispute, especially between Venezuela and Guyana, through the International Court of Justice (ICJ). Does the ICJ have jurisdiction over the territorial dispute between Venezuela and Guyana, particularly concerning the potential impact of the Venezuela referendum on the land rights and self-determination of indigenous peoples of Guyana? How did the ICJ handle the dispute from the Venezuela referendum, and what legal principles and precedents were used in resolving the territorial dispute?
Design/Methodology/Approach: This research adopts a socio-legal approach to analyze the dispute resulting from the Venezuelan referendum regarding the territorial issues of the Indigenous Community of Guyana.
Findings: The ICJ thoroughly examined the legality of the 1899 arbitration decision, carefully assessed the established territorial boundaries, and considered the potential harm to the rights and interests of the Guyanese people. These findings underscore the complex interplay between legal principles and practical challenges, highlighting the need for cooperation and diplomacy in effective international dispute resolution. The ICJ holds jurisdiction over the longstanding territorial conflict between Venezuela and Guyana as outlined in the 1966 Geneva Agreement and reinforced by the December 2020 resolution. The court's recent decision to delay Venezuela's planned referendum reflects its recognition of the potential consequences that unilateral actions might have on the land rights and self-determination of Guyana's indigenous communities, emphasizing the court's commitment to balanced and careful adjudication.
Paper Type: Research Articl
Customary law and justice: Protecting the rights of women victims of sexual violence in Bali
Full text linkIntroduction to The Problem: The disparities in societal roles often manifest as systemic inequality, rooted in a patriarchal culture that positions men in a dominant role while undermining the concept of women as equals. Gender-based discrimination is intricately woven into the fabric of society, perpetuated through entrenched social customs, traditions, child-rearing practices, educational systems, and the differentiation of social responsibilities assigned to men and women.
Purpose/Objective of Study: This study aims to investigate and critically analyze the characteristics of sexual violence experienced by women within Bali's customary law communities, with a focus on mechanisms for restoring legal capacity. It further explores the interplay between statutory regulations and customary practices to enhance equitable legal protections for victims of sexual harassment.
Design/Methodology/Approach: This study applies a sociolegal approach, combining statutory, comparative, conceptual, and sociological methods. Primary and secondary data were analyzed using legal hermeneutics, interpreting regulations within their context to examine the rights of women victims of sexual violence. The research highlights justice and cohesion within customary law communities in the fulfillment of these rights.
Findings: First, the forms of sexual violence perpetrated against women within customary law communities in Bali—specifically in the traditional villages of Sudaji, Undisan Kelod, Munti Gunung, and Angantelu—were predominantly instances of rape and familial sexual relations (incest). Second, the findings highlight the integration of statutory regulations with customary law to enhance equitable legal protections for women affected by sexual violence within these communities. This integration focuses on measures for comprehensive restoration, including restitution, compensation, assurances of victim satisfaction, rehabilitation, and guarantees for the prevention of recurrent offences.
Paper Type: Research Articl
Teseng: Implementation of justice values in profit-sharing agreements based on the local wisdom of the Bugis Makassar community
Full text linkIntroduction to the Problem: This paper explores the teseng agreements and the Implementation of Justice Values in profit-sharing agreements based on local wisdom of Bugis Makassar Community. The teseng principle is operationalized through the utilization of a streamlined system that adheres to the model established within the Bugis-Makassar community. The community will collaborate with one party as the Pa'bere teseng and the other as the Pa'teseng in this partnership. The legal issue in the research is the implementation of justice values in the teseng agreement.
Purpose/Study Objectives: The purpose of this research is to analyse the practice of teseng agreements in Bugis-Makassar community and the implementation of justice values in teseng agreements. This research will provide the parties with a better understanding of the significance of the justice values in the teseng agreement.
Design/Methodology/Approach: This study constitutes normative and empirical legal research. The data used in this research is primary data obtained through in-depth interviews with Pa’bere Teseng (landowners or livestock) and Pa’teseng (cultivator or ranchers). Secondary data is used as a complement, namely data collection techniques through literature studies.
Findings: Teseng is a mutual agreement that binds two parties - the investor and the cultivator. In the teseng system, the Pa’bere Teseng (landowners or livestock) gives land or livestock animal to Pa’teseng (cultivator or ranchers) and receives a share of the proceeds from his efforts. The teseng agreements is based on trust and agreement between the Pa’bere Teseng and the Pa’teseng. The teseng system reflects the values of justice by eliminating the terms employer and laborer. The Pa’bere Teseng and the Pa’teseng have the same position under the law. This teseng system creates proportional justice, allocating a share to individuals based on their services or contributions. According to the principle of proportional justice, the degree of success achieved by an individual is equivalent to the degree of effort invested in that person.
Paper Type: Research Articl
Reconstruction of legal liability of philanthropic organisations in the misuse of humanitarian donations
Full text linkIntroduction to The Problem: The revelation of cases of misuse of humanitarian donations by philanthropic organizations reported by the media. The Aksi Cepat Tanggap (ACT) organization, which is one of the suspects in the misuse of humanitarian donations, is a big question about the implementation of supervision carried out by the government. There are not many cases of ACT, there are several institutions or community organizations to government organizations that have misused their donations. The form of misuse of humanitarian donations with the misuse of public funds to the waste of funds.Purpose/Objective Study: This research aims to reconstruct the legal liability of social philanthropy institutions in the misuse of humanitarian funds. Thus, the collection of humanitarian donations can provide real benefits to the community, and government programs related to poverty alleviation can have a real impact.Design/Methodology/Approach: This type of research is normative juridical with an analytical descriptive approach that discusses legal symptoms and problems with a legislative and doctrinal approach.Findings: The author identifies a significant gap in governmental oversight concerning the collection of money or goods intended for humanitarian aid. This lack of supervision has resulted in the opportunistic exploitation of disaster events, where individuals or groups capitalize on the urgency and generosity elicited by such crises. These actors collect donations ostensibly for relief efforts but instead divert these resources to serve their own personal or financial interests. The absence of stringent regulatory frameworks and effective monitoring mechanisms allows for this misuse, undermining public trust and depriving genuine victims of the essential aid they desperately need. The author underscores the critical need for robust government intervention and accountability measures to safeguard the integrity of humanitarian donations and ensure they reach those most in need.Keywords: Reconstruction; Philanthropic Institutions; Humanitarian Donation
Local Examination in Child Custody Disputes: Judges’ Efforts to Find the Best Interests of the Child
Full text linkIntroduction to The Problem: Implementation of local examinations in the provisions of Article 153 HIR, Article 180 Rbg, and Article 211 Rv is optional. The judge has the authority to determine whether it is necessary or not to carry it out. Generally, local inspections are carried out in civil cases with the object of dispute being land or fixed assets. However, it does not rule out the possibility that local examinations can also be carried out on child custody disputes because there is no limit to certain cases that can be carried out by local examinations. Some cases of child custody, some are examined by carrying out local inspections and some are not.Purpose/Objective Study: This study aims to describe the urgency of local examinations in child custody disputes, especially in ongoing cases and those that have been decided contradictory. Thus, it would exhibit the judges’ efforts in identifying and determining the best interests of the child from the course of the examination process at the trial.Design/Methodology/Approach: This study examines court decisions on child custody cases using a descriptive analysis approach in a qualitative study. This research was conducted on the basis of the efforts of judges to accommodate the interests of all parties so that research data were obtained from civil procedural law regulations, marriage laws, child protection laws, court decision documents, and related scientific journals. Data were analyzed using a normative approachFindings: In the process of proving the trial of child custody disputes, there are differences in the attitude of judges, especially in carrying out local examinations. There are judges who consider it necessary to carry out local examinations and there are also judges who do not. Indeed, in the regulation regarding local examinations it is optional, but in trials that carry out local examinations, the judge gets an important picture of how to determine the best interests of the child whose custody rights are disputed. From the two cases that have been studied, there are two important elements to determine the best interests of the child. First, regarding the significance of the social environment for children, namely regarding the environmental conditions of the father and mother. And second, regarding the significance of the child's will, namely the information obtained by the judge from the process of direct interviews with the child at his place of residence.Paper Type: Research Articl
Responding to Allegations of Subsidy Violations: Indonesia's Compliance under the Agreement on Subsidies and Countervailing Measures
Full text linkIntroduction to The Problem: Indonesia frequently finds itself confronted with allegations of subsidy infractions from European and Western counterparts. Thus, the focal point of this analysis revolves around the accusations leveled by the United States and the European Union against Indonesia for purported subsidy transgressions, along with an exploration of the strategic measures implemented by Indonesia to address and rectify these claims.Purpose/Objective Study: This examination scrutinizes the contentions posited by both the United States and the European Union concerning subsidies and anti-dumping activities attributed to the Indonesian Government. Additionally, it delves into the remedial measures undertaken by the Indonesian Government in response to these allegations.Design/Methodology/Approach: This study constitutes normative legal research, employing a case-centric methodology to scrutinize allegations of subsidy violations leveled against Indonesia by both the United States and the European Union. The analytical approach adopted involves employing descriptive analysis techniques to illuminate the intricacies of the legal landscape underpinning the accusations.Findings: This scholarly analysis posits that, in response to accusations from the United States, Indonesia should actively pursue "sympathetic consideration" through the diplomatic avenue of bilateral dispute resolution, particularly concerning matters pertaining to the GATT's implementation. Furthermore, in the face of legal challenges from the European Union, Indonesia is compelled to furnish compelling evidence and articulate substantiated justifications grounded in the outcomes of its non-renewable natural resource assessments. This research discerns that Indonesia, positioned as a developing nation, is accorded protective measures under the auspices of Article 8.19 DSU, Article 12.11, Article 21.8, and Article 27.2. Specifically, Indonesia retains the legitimate authority to curtail nickel ore exports in accordance with the provisions delineated in the 1994 GATT. This prerogative is exercised to shield against and avert the depletion of Indonesia's natural resources, a concern underscored by Article 20 of the 1994 GATT, recognizing the potential for these resources to reach a state of extinction. Paper Type: Research Articl
Legal Protection Policy for Obstetricians-Gynecologists in Cases of Maternal, Perinatal, and Neonatal Mortality
Full text linkIntroduction to The Problem: Obstetrician-gynecologists (OB-GYNs) must be observant in diagnosing diseases suffered by patients. OB-GYNs who act based on their knowledge can certainly not be blamed if their actions are already according to the procedures. Legal policies protect OB-GYNs in the case of a patient’s death.Purpose/Objective Study: This article aims to analyze the legal protection for OB-GYNs in cases of maternal, perinatal, and neonatal mortalities. Design/Methodology/Approach: This research was a field research with juridical-sociological method conducted in 2021. The researchers conducted interviews with four informants who experienced maternal, perinatal, or neonatal emergencies.Findings: Conditions with a high risk of maternal, perinatal, and neonatal deaths are handled by OB-GYNs. OB-GYNs must be proficient in the standards for obstetric and neonatal emergencies. OB-GYNs who have correctly followed the processes but experienced an accident also have the right to legal protection. In providing health services, OB-GYNs do not only examine the patients, but they also make efforts to recover the patient through treatments. In health law, such efforts of recovery are known as the Therapeutic Agreement. The relationship between obstetricians and patients is bound to a therapeutic transaction. OB-GYNs have the legal obligation to make improvements in their efforts and expertise in healing patients. Legal regulations stipulated in the Indonesian Civil Law are still too general. There was one case involving dr DASP SpOG and dr HS SpOG, who were sentenced with 10 months in prison because they violated article 39 of the Indonesian Criminal Code because their patient died during the treatment. This case caused unrest among the OB-GYNs. Therefore, there needs to be a law that regulates the relationship between OB-GYNs and their patients. In terms of human rights in Indonesia, this particular healthcare issue is regulated in Law Number 36 of 2009 regarding Health (Indonesian Health Act). Chapter III Article 1 clause (1) and (4) specifially regulate the patients' rights. The legal and ethical responsibilities in health services observe how far the obstetricians' actions have legal implications in cases of errors or negligence in providing health treatments.Paper Type: Research Articl