This study analyzes the ambiguity regarding the obligation to mediate in resolving patent disputes according to the Patent Law, and its implications for the efficiency of the dispute resolution process. Although Article 153 and Article 154 of the Patent Law open up opportunities for dispute resolution through alternative mechanisms, the ambiguity regarding the obligation to mediate creates legal uncertainty that can hinder efficiency and increase dispute costs. Based on the Economic Analysis of Law approach, this study shows that the obligation to mediate can reduce social costs, accelerate the dispute resolution process, and increase overall economic efficiency. Mediation as an obligation can reduce the burden on the judicial system, minimize transaction costs, and create better legal and business stability. Therefore, this study encourages the implementation of the obligation to mediate in patent disputes to create a more efficient, fair, and profitable dispute resolution system for all parties involved.
 
 

This article examines the impact of the common law legal system on the development of law in Indonesia, focusing on how elements of the system have influenced national legal practice and theory. This study uses a qualitative approach through document analysis and literature studies related to the history of Indonesian law and legal practice in common law countries. The results of the study indicate that although Indonesia adheres to a civil law legal system, the influence of common law is visible in certain aspects, such as the principle of precedent, legal interpretation, and the application of customary law. In addition, this study also explores how the integration of common law elements can enrich the dynamics of Indonesian law, especially in the context of legal reform and the achievement of substantive justice. With a better understanding of this influence, it is hoped that recommendations can be produced for the development of a legal system that is more responsive and adaptive to the needs of society.

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

Pancasila, aspthe foundation ofpthe Indonesianpstate, serves as thepultimate source ofpall sources ofplaw in the country. Although often a topic of daily discussion, Pancasila does notpseem to be explicitly mentioned in the Indonesian constitution. Therefore, this article aims to examine thepposition of Pancasila aspthe foundation of allpsources ofplaw, as well as formulatepsteps forpits application in buildingptheprule ofplaw in Indonesia. Thepresearch method appliedpin this article ispa literaturepstudy approach, usingpdata and referencespfrom various sources suchpas scientific journals,pe-books,particles, and relevantpmagazines. The purpose ofpthis writing ispto explorepmore deeply the conceptpof Pancasila aspthe basispof the entire framework of legislation in the Indonesian legal state, explain how Pancasilapis applied aspthe mainpsource ofplaw in the process of forming apstate ofplaw inpIndonesia, so that it can be understood the positionpof Pancasila aspthe foundation ofpall laws andpregulations, andphow it is applied as the main source ofplaw.