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Putra Rezki Dewanto

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to determine the implementation of plant variety protection in Australia. This article will discuss how Australia implements the TRIPs Agreement to provide protection for all technologies, products, pharmaceuticals, plants, and microorganisms that can be patented through Plant Breeder's Rights (PBR). There are three types of intellectual property obtained in the context of plant varieties, namely patent rights, trademark rights, and plant breeding rights. The purpose of protection through PBR is to encourage innovation in plant breeding by granting limited exclusive rights to control its exploitation and prevent unauthorized parties from illegally exploiting the rights of breeders. The research method used in this study is normative law research, employing a statutory approach and an analytical approach.

Azka Ridho Syahputra; Rika Ratna Permata; Ranti Fauza Mayana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Trade Secrets are a form of Intellectual Property that provide protection for confidential information owned by a legal subject. While Trade Secret protection offers benefits for individuals in running a business, it can also be misused to conceal legal violations. This research aims to identify how Trade Secret regulations in Indonesia provide protection for individuals who disclose Trade Secrets in the public interest, as well as to examine the urgency of such regulation by comparing the provisions of the Indonesian Trade Secret Law with Directive (EU) 2016/943. This study employs a normative juridical method with a comparative approach. The researcher conducts a literature study by comparing the Indonesian Trade Secret Law with Directive (EU) 2016/943 and relevant legal theories. The results show that the current regulation of whistleblowing on Trade Secrets for the public interest in Indonesian positive law remains very limited. There is an urgent need to expand protection for individuals who disclose Trade Secrets in the public interest. Indonesia may use Directive (EU) 2016/943 as a reference to broaden the provisions of its Trade Secret Law, in order to ensure the protection of public interest without disregarding the rights of Trade Secret holders.

Nurdin, Rahmatullah; Ulama, Keyshandrina D.; Moonti, Roy Marthen; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Traditional Cultural Expressions (TREs) are an important part of national identity and intangible cultural heritage that live in indigenous communities in Indonesia. In the midst of globalization and increasing cultural claims by other countries, the urgency of legal protection for TREs is becoming increasingly relevant and strategic. This article aims to examine the effectiveness of legal protection for TREs in Indonesia and to formulate strategies for strengthening protection at the national and international levels. This study uses a juridical-normative approach with literature study techniques and qualitative analysis of laws and regulations, international conventions, and case studies such as Reog Ponorogo and batik. The results of the study indicate that existing legal protection is still limited and has not been able to answer the complexity of cultural claim problems. Harmonization of national law with international standards and collaboration between parties are needed to strengthen Indonesia's legal position in protecting TREs. This study contributes to the development of more responsive and sustainable cultural policies.

Eka Sakti Panca Indraningsih; Hedwig Adianto Mau; Mardi Candra

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The use of materials in health research requires a binding instrument to regulate the distribution of benefits. Material Transfer Agreement (MTA) is an essential material transfer agreement, allowing the management of the transfer through negotiation until a mutually beneficial agreement is reached. In addition, MTA functions as a contract that protects the rights of the parties involved and ensures compliance with regulations, based on the theory of legal protection and authority. This study uses a normative legal method with a statutory and conceptual approach. The collection of legal materials is carried out through the identification of positive legal rules, as well as examining primary, secondary, and tertiary sources. The data is then analyzed from the identification of legal facts to drawing conclusions. The results of the study show that MTA regulations in Indonesia are comprehensively regulated by various levels, including Law Number 17 of 2023 concerning Health (Article 340 paragraph 3), Law Number 11 of 2019 (Article 76 letter h and Article 77 paragraph 1), Government Regulation Number 28 of 2024 (Articles 972, 1025–1031), and Regulation of the Minister of Health Number 85 of 2020 (Articles 4, 5, 6, 7, 9, 14, 15, and 16 paragraph 1). These national legal frameworks complement each other to ensure procedural certainty, biosafety, benefit sharing, protection of intellectual property rights, and sanctions for violators in the transfer of health materials. Although its implementation faces preventive and repressive challenges, MTA has proven essential in bridging national and commercial interests, increasing the capacity of science and technology, and protecting the sovereignty of Indonesia's genetic resources.

Adri Sadewa Sirait; Berkat Perjuangan Ndruru; Roy Nanda Kesuma; Bambang Fitrianto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Trade secrets are an important part of Intellectual Property Rights (IPR) that play a strategic role in maintaining a company's competitive advantage. Protecting information that is not generally known, has economic value, and is kept confidential is very important, especially in the midst of globalization and technological advances that increase the risk of information leakage. Law No. 30 of 2000 concerning Trade Secrets is the main legal basis in Indonesia, in line with international agreements such as WTO/TRIPS. This research uses normative juridical methods to analyze trade secret legal protection, including based on property rights theory, contract theory, and tort theory. In addition, the role of employment contract clauses that regulate obligations to maintain confidentiality and prohibitions on working for competing companies after termination are discussed as preventive strategies. This research confirms the importance of awareness and concrete legal steps from business owners to protect their trade secrets effectively.

Fachri Hafizd Selian; Muthia Sakti; Iwan Erar Joesoef

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This study examines the transfer of trademark rights as a means of debt settlement in corporate bankruptcy proceedings, using the bankruptcy case of PT Nyonya Meneer as a case study. The main issue addressed is how trademarks, as intangible intellectual property with high economic value, can be used as debt settlement assets during bankruptcy. This research employs a normative legal method with statutory and conceptual approaches, supported by a review of relevant court decisions. The analysis focuses on the relationship between the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 20 of 2016 on Trademarks. Trademarks may be transferred or sold to fulfill the debtor's obligations. Theoretical foundations include the Creditors’ Bargain Theory (Thomas H. Jackson) and the principle of wealth maximization (Richard A. Posner), emphasizing collective settlement and asset value optimization. The findings reveal that trademark transfer in bankruptcy is not explicitly regulated, creating a legal gap that affects the effectiveness of debt settlement and the protection of creditors’ rights. In the PT Nyonya Meneer case, the trademark despite its potential as a debt settlement instrument was not utilized optimally. Therefore, direct transfer of trademarks to creditors as a form of debt payment can be seen as an alternative solution, provided it is conducted under the principles of justice, legal certainty, and efficiency. This study recommends further regulation on the management and transfer of intellectual property within the bankruptcy regime to address the challenges of modern business practices.

Fahmi Ihsan Margolang; Fenny Fenny

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper examines the legal framework and practical implementation of using Intellectual Property Rights (IPRs) as fiduciary collateral in Indonesia. The study identifies existing legal uncertainties and administrative challenges that hinder the optimization of IPRs as collateral objects, such as the absence of technical implementation regulations and limited awareness among stakeholders. Through normative legal analysis supported by empirical evidence, this research explores how the current fiduciary security law can be adapted to better accommodate IPRs, highlighting the potential for IPRs to enhance access to finance, particularly for creative economy actors. The paper also presents solutions, including the need for clear implementing regulations, capacity-building among stakeholders, and stronger coordination among government institutions. Ultimately, the research emphasizes the strategic importance of integrating IPRs into financial mechanisms and proposes actionable steps for regulatory and institutional reform.  

Indra Hendrawan; Dimas Yanuarsyah; Atik Winanti

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the special aspects of Intellectual Property (IP) is Economic Rights, namely the right to obtain economic benefits from intellectual property. The creation of economic value shows that IP is one of the objects of trade that plays an important role in the development of a nation. As part of Intellectual Property, Geographical Indications are a trading tool that can provide benefits for producers, consumers, and the community in identifying products and providing quality assurance, avoiding fraudulent practices, helping the development of local producers, and supporting the preservation of nature and traditional knowledge. To carry out optimal IPR protection, a comparison needs to be made with practices that have been running so far, in this case a comparison will be made with practices in Malaysia. This research method uses a descriptive qualitative approach by collecting data from various sources. This research will use a conceptual/theoretical approach and a comparative approach. This research will determine the country's strategy to protect intellectual property in Indonesia and Malaysia and determine an effective model in protecting Geographical Indications. Thus, this research produces a deep understanding of the protection of Geographical Indications, highlighting the successes and challenges in increasing success related to intellectual property.

Ismarini Della Purnama; Muhammad Arya Azra; Renofadli Rizkisyah; Atik Winarti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the protection of trade secrets in the framework of Intellectual Property Rights (IPR) by conducting a comparative study between Indonesia and Malaysia. Trade secrets are a form of intellectual property that has significant economic value for business actors but often receives inadequate attention compared to other forms of IPR. This research focuses on two main problems: first, the comparison of the legal framework for the protection of trade secrets in Indonesia and Malaysia in the context of Intellectual Property Rights; and second, the role of IPR-related institutions in both countries in providing protection for trade secrets. The research method used is normative legal research with a comparative approach and a statute approach. The data used are in the form of primary legal materials in the form of laws and regulations related to IPR in Indonesia and Malaysia, as well as secondary legal materials in the form of literature and scientific journals. The results of the study show that there are significant differences in the legal framework for the protection of trade secrets between Indonesia, which adopts  a civil law system  with special codification through Law No. 30 of 2000, and Malaysia, which applies a common law approach  with a combination of court precedents and statutory law. In addition, there are differences in the roles and functions of IPR-related institutions in the two countries in providing protection for trade secrets, especially in terms of registration, law enforcement, and dispute resolution. The study concludes that despite differences in approaches, both Indonesia and Malaysia recognize the importance of trade secret protection within the framework of IPR, with Malaysia tending to have a more comprehensive protection system based on common law practices. Based on the findings of the study, it is recommended that Indonesia can adopt some positive aspects of Malaysia's trade secrets protection system, especially in terms of harmonizing the role of relevant institutions and strengthening law enforcement mechanisms.

Lucia Samosir; Rika Ratna Permata; Aam Suryamah

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The advancement of information technology has driven the growth of the creative industry, which heavily relies on intellectual works, one of which is trademarks as part of the Intellectual Property Rights regime. A trademark not only serves as a product identity but also as a marketing tool and a determinant of reputation. However, in practice, legal issues often arise, particularly related to the registration of trademarks by parties acting in bad faith and having substantial similarities with previously registered trademarks. This research analyzes the Application of the Principle of Bad Faith in the trademark registration process in the trademark dispute "C+Logo" between Gunawan and PT Bagava Alam Semesta. Through descriptive analysis research with a normative juridical approach, the results of this study indicate a violation of the principle of bad faith in the trademark registration conducted by PT Bagava Alam Semesta because it meets the principle of bad faith violation as examined in accordance with the Trademark and Geographical Indications Law.

Fransisca Pauliena Roslynwibowo; I Wayan Suartana

International Journal of Economics, Commerce, and Management 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The property and real estate sector is one of the business sectors that makes a significant contribution to the country's economic turnover and growth. With the ever-evolving challenges, companies in the property and real estate sector must adapt their business strategies to remain competitive amidst uncertain market conditions. Therefore, innovation in resource management and efforts to enhance operational efficiency are essential to drive optimal profitability. This study aims to examine the effect of good corporate governance, proxied by the board of directors and audit committee, intellectual capital, firm size, and company growth on company profitability. This research utilizes secondary data sourced from the annual reports of property and real estate companies listed on the Indonesia Stock Exchange (IDX) for the 2021–2023 period. The sample was selected using a purposive sampling method based on specific criteria, resulting in a total of 50 companies as observations. The collected data were analyzed using SPSS software with a multiple linear regression method. The results indicate that the board of directors, audit committee, intellectual capital, and company growth do not have a significant effect on company profitability, whereas firm size has a positive and significant effect on company profitability.

Gusti Laskar Ferdiansyah Simatupang; Rien Safrina; Rizki Taufik Rakhman

International Journal of Studies in International Education 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This literature review analyzes the transformative potential of digital learning media in revitalizing Indonesian traditional music, with a particular focus on Gambang Kromong innovation within the framework of Society 5.0. Traditional music, as the foundation of cultural identity, faces significant threats from globalization and modernization, resulting in declining interest, especially among the younger generation. This approach examines how digital technologies can serve as a catalyst for the preservation, learning and dissemination of traditional music, transforming it from a marginalized status to one of contemporary relevance. The report synthesizes existing literature to identify key trends, benefits derived from the use of technologies such as Digital Audio Workstations (DAWs), Virtual Reality (VR), Augmented Reality (AR), Artificial Intelligence (AI), gamification, and online and social media platforms. In addition, the report discusses inherent challenges, including the digital divide, the need for increased educator competencies, and intellectual property rights issues, while highlighting opportunities for collaboration and global audience reach. The conceptualization of "Gambang Kromong 5.0" is proposed as a holistic model that integrates traditional essence with intelligent technological advancements in a human-centric manner, ensuring cultural survival and artistic relevance in the digital age.

May Lany Putri Carrlyn Hondro; Safira Arta Azzahra; Nadhira Wahyu Adityarani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Patent rights are a part of Intellectual Property Rights (IPR) that provide legal protection for inventions in the field of technology. With the rapid development of the times and technological advancements, the protection of patent rights has become an increasingly crucial issue. This is due to the growing number of patent infringements, particularly in the digital and medical device sectors, which often involve major global technology companies. One such case is the patent dispute between Apple Inc. and Masimo Corporation. The patent conflict between Apple and Masimo serves as a concrete example of how disputes over the ownership of technology can lead to complex legal issues, while also demonstrating how legal systems in developed countries respond to alleged patent infringements relatively effectively. On the other hand, Indonesia, as a developing country, still faces various challenges in resolving patent disputes, ranging from policy aspects and law enforcement processes to the capacity of existing institutions. This study aims to evaluate the extent to which Indonesia's patent legal system has been able to meet the demands of the times. Through the analysis of the Apple vs. Masimo case, this paper seeks to examine how Indonesia’s patent dispute resolution system can be strengthened to address global dynamics.

Maulida Fitriani; Handar Subhandi Bakhtiar

Intellektika : Jurnal Ilmiah Mahasiswa 2025 STIKes Ibnu Sina Ajibarang

Copyright royalties as an economic object in intellectual property are of particular concern in family law, especially when associated with their status as joint property in marriage. This study aims to examine and compare how the Indonesian and Malaysian legal systems regulate the distribution of copyright royalties in the context of divorce. In Indonesia, the concept of joint property is regulated in Law Number 1 of 1974, which was updated by Law Number 16 of 2019, as well as in the Compilation of Islamic Law. Meanwhile, in Malaysia, different Islamic family laws between states provide a basis for the division of joint property, including royalties, by considering the contribution of the spouse. This study uses a normative-comparative approach through literature study and analysis of legal documents. It was found that despite the differences in legal systems, both countries in principle recognize copyright royalties as part of joint property if they meet certain requirements, especially regarding the time of acquisition and the contribution of the spouse. This study emphasizes the importance of the principle of justice in the division of intangible assets in the context of a household.

Arif Budi Kusuma; Suherman Suherman

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to understand the form of intellectual property regulation that is the object of debt collateral in bank financial institutions and the form of execution of intellectual property that is the object of debt collateral in bank financial institutions in the event of default according to Government Regulation Number 24 of 2022. This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The legal materials used include primary legal materials in the form of legislation covering intellectual property and collateral, secondary legal materials in the form of interviews with Rikson Sitorus as Chair of the Legal Analyst Working Group for Copyright and Industrial Design, DJKI, Ministry of Law and Human Rights and Muhammad Fauzy as Coordinator of Intellectual Property Facilitation II, Ministry of Tourism and Creative Economy/Baparekraf, scientific papers and related documents. The validity of legal materials is carried out by harmonizing legal materials in order to find the suitability of legal materials with the issues being answered. Based on the research results, it was found that: (1) Intellectual Property as an object that has a movable and intangible nature, the same as other property rights, can be transferred and assigned to other parties, such as being used as a credit guarantee object by the owner of the intellectual property. PP 24 of 2022 opens up opportunities for all types of IP to be used as bank collateral. (2) Execution of IP as Collateral can be carried out by; if the collateral is bound by fiduciary, it can be executed following the provisions contained in the Collateral Law, if using a contract in creative economic activities, the settlement process is carried out based on the provisions of the existing contract, if using the right to collect in creative economic activities, the right to collect can be executed by demanding payment through a legal process in accordance with the existing agreement.

Moh Zulham Sidiq

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

 A brand is one of the most valuable intellectual assets in the business sector, serving not only as a product identity but also as a reflection of reputation and quality. However, the increasing phenomenon of brand infringement indicates the urgent need for stronger and more effective legal protection. Brand infringement brings various negative consequences, including loss of consumer trust, unfair competition, and significant financial losses for brand owners. This study aims to analyze brand infringement from a criminological perspective, identify causal factors, and evaluate the role of law in addressing such violations. The research employs normative legal methods through analysis of statutory regulations, legal and criminological theories, and a literature-based approach using secondary data obtained from books, journals, and legal documents. The findings reveal that criminology provides relevant insights through theories such as Rational Choice Theory, which explains that perpetrators calculate the risks and benefits before committing the violation, and Anomie Strain Theory, which highlights how the inability to achieve economic or social goals legally can drive individuals or groups to commit brand infringement. The classification of violations includes imitation, counterfeiting, misuse, and unlawful exploitation of brand rights. Several causal factors were identified, including weak legal supervision, limited enforcement, and the high consumer demand for cheaper counterfeit products. Furthermore, the study underlines the essential role of the criminal justice system in addressing brand infringement through the enforcement of criminal, civil, and administrative sanctions as regulated under Law Number 20 of 2016 on Trademarks and Geographical Indications. In conclusion, brand infringement is not merely a legal issue but also a criminological problem that requires comprehensive handling through effective law enforcement, stronger supervision, and increased public awareness to protect intellectual property and ensure fair business practices.

Rr. Pramesthi Ratnaningtyas; Ikhwan Afif Mahbubi

Jurnal Inovasi Sosial dan Pengabdian 2025 Lembaga Pengembangan Kinerja Dosen

This Community Service Activity aims to integrate cultural values ​​such as gamelan and keroncong into film works. In addition, to introduce cultural heritage to the younger generation. Activities include training and film screenings. Activities are carried out together with students, divided into several divisions with implementation stages including pre-implementation, implementation and post-implementation. Evaluation of the activity showed an increase in information or insight of 34 points related to script writing, as well as 15 and 13 points of understanding of material related to camera operation and editing. In this activity, the team also made a company profile video that already has Intellectual Property Rights (IPR) at the Directorate General of Intellectual Property. In the future, there needs to be other art and cultural productions through films. Then from the films that have been produced are promoted or introduced more widely using social media.

Ni Made Elsa Sugiantari; Leni Rosyani; Ni Kadek Ayu Mirayani; I Gusti Ayu Eka Suwintari; Ni Made Ayu Natih Widhiarini

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

The increasing intensity of ultraviolet (UV) radiation due to global warming poses serious risks to skin health and has led to a rising market demand for natural-based skincare products. Jabiras Body Scrub is an innovative body care product formulated from guava and brown rice to protect and nourish the skin from UV exposure. This program aims to produce an organic-based skincare product while empowering local farmers as raw material suppliers. The target market includes men and women aged 17 and above across Indonesia, including visiting tourists. Laboratory tests show that each 50-gram package of Jabiras contains 3% vitamin C and 1% antioxidants, which are effective in improving skin condition within two weeks. The product is registered with a Business Identification Number (NIB) and has obtained Intellectual Property Rights (IPR) for its brand and promotional flyer. Marketing strategies are carried out digitally via social media and e-commerce, as well as conventionally through entrepreneurship expos and word of mouth. This initiative has reached its break-even point, with a total of 250 units sold from May to September, generating IDR 9,750,000 in revenue. This activity not only achieved its sales targets but also strengthened the foundation for a sustainable business model that supports local farmers.

Liza Anggelina Manurung; Rika Ratna Permata; Tasya Safiranita

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Intellectual Property (IP) plays a crucial role in fostering fair business competition. Trademarks as a element of IP serve as distinguishing identifiers that guarantee product quality. In addition, trademarks function as marketing tools in competitive markets and provide protection against bad faith actions by other parties. To obtain legal protection, a trademark must be registered in accordance with statutory requirements. A trademark application may be rejected if these requirements are not fulfilled. A common reason for rejection is the existence of substantial similarity to a previously registered mark or an earlier-filed application for similar goods and/or services. Therefore, clear and consistent standards for determining substantial similarity are essential to ensure legal certainty for applicants.

Edi Djatmika; Hermawan Hermawan; Adriana Sari Aryani; Kotim Subandi

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Post-harvest handling of fish requires an effective cold chain system, including the availability of ice factories, to preserve the quality and freshness of catches. The presence of an ice factory enables fishermen to bring ice during fishing trips, ensuring the catch remains safe for consumption. The planning of a portable mini ice factory in Ciwaru Village, located within the Ciletuh National Geopark, aims to maintain fish quality along the southern coast of West Java. Although several ice factories exist in Sukabumi Regency, their availability at fish landing sites such as the Ciwaru Fish Auction Place (TPI) remains insufficient. According to the Regulation of the Minister of Marine Affairs and Fisheries No. 2 of 2021, assistance for ice factory construction is provided to fishermen groups following a feasibility study submission. This community service project aims to assist fishermen cooperatives in improving cold chain management and preparing a feasibility study for ice factory development. Key issues identified include limited human resource competence, hygiene and sanitation challenges, feasibility study preparation, and internal communication enhancement within cooperatives. Solutions are implemented through training programs, cold chain method applications, feasibility analysis for mini ice factories, and the development of an information system for fishermen. The planned ice factory unit has a capacity of 1 ton per 8-hour cycle, supported by three freshwater wells near the site. Economic analysis reveals an NPV of Rp1,170,676,141, an IRR of 10.91%, and a Net B/C Ratio of 1.64, with a BEP at 311 tons/year, well below the installed capacity of 788 tons/year, confirming its economic viability. The resulting feasibility study will serve as the basis for applying for government assistance, complemented by scientific publications, national media coverage, video documentation, and intellectual property registration.