Law Review Volume X, Nomor 3, Maret 2011 | Perpustakaan Universitas Bhayangakara Jakarta Raya
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Informasi Detil
| Volume |
Volume X, Nomor 3, Maret 2011
|
|---|---|
| Penerbit | Universitas Pelita Harapan : jakarta., 2011 |
| ISSN |
1412-2561
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| Subyek |
Artikel Jurnal
| Judul | Abstract | Halaman |
|---|---|---|
| Kajian Harmonisasi Substansi Hukum Paten di Tingkat Global Berdasarkan Perspektif Kepentingan Indonesia | Harmonization of the world patent law system has caused significant problems for both the WTO (World Trade Organization) and for the WIPO (World Intellectual Property Organization). Since the 20th century, the movement towards the harmonization of patent law has intensifed, culminating in the TRIPS Agreement in 1994. Despite these efforts, however, results have been unsatisfactory. The main reason in that many countries have their own unique systems. These differences are understandable because the early birth of the patent system was not purposed to harmonize patent laws at the international level. From the Indonesian perspective, the harmonization of patent law brings about positive impacts beacuse it increases efficiency and the quality of patents. Even thougt the topics of harmonization cover broad issues, this paper suggests that the Indonesian government should focus on the definition of prior art, grace period, novelty, and inventive step. This is because those issues deal with the Indonesian governments efforts to protect traditional knowledge and genetic resources. Finally, in the future, the Indonesian government should make the content of the Indonesian patent law amendment parallel with the draft of the substantive patent law harmonization (SPLT). | 301-320 |
| Globalisasi dan Politik HaKI | In the midst of the globalization era, Intellectual Property Rights (IPR) have become an omportant issue in the international community. As one of the contracting states of the World Trade Organization (WTO) agreements, Indonesia is bound to harmonize its national law and regulations according to such agreements. Furthermore, Indonesia is required to enforce consistently any regulations which relate to these trade agreements on the national level. However, the obligation to conform to the WTO regime often deprives national citizens of their own interests. This articel shall illustrate the law and political concepts of Intellectual Property Rights protections in Indonesia today. Future law and regulations will be able to accommodate the philosophical, juridical and sociological values of the Indonesian nation, and the national interest of Indonesia will stand protected. | 321-336 |
| Pendayagunaan Hukum Pada Proses Alih Teknologi Melalui Kontrak Lisensi Paten | Technology is the dominant factor in the building industry today. Historically, Indonesia has been extremely dependant on foreign technology. However, Indonesia should not depend continously on foreign technology in order to achieve national development goals, especially in the transfer of technology. The main obstacles to the transformation of the Indonesian technology process are the low level of technological education among the Indonesian people, the lack of formal rules on technology, and the scarce capital and human resources available. In this article will be elaborated how law can be useful by transfer technology through the license contract so that the industry development can be supported. | 337-354 |
| Sifat dan Manfaat Perjanjian Lisensi Merek Terkenal | There are two kinds of licenses exclusive and non exclusive licenses. The wellknown mark is typically a non exclusive license. The licencor retains some benefit, that is, royalties, and the mark will be much wellknown. On the other hand, the licensee also benefits by reaching consumers easily. In the license contract has to be clearly determined what are the rights and the obligations of licensor and licensee as well. Hence, in this article will be elaborated the nature and the function of wellknown mark license contract either to licensor or to licensee. | 355-374 |
| Delik Biasa vs Delik Aduan dalam UU Hak Cipta Kajian Juridis dan Pragmatis | Under the subject of Intellectual Property Rights (IPR), copyright is conceptually a private right. The IPR regime and its legal system, except copyright, introduce a system called crime by accusation (delik aduan). For copyright system. on the other hand, the law applies a common offense system (delik biasa). In its implementation, the system is deemed so excessive that it is not in favour of copyright holders. The government is now considering amending the existing Copyright Law Number 19 of 2002 which would harmonize the criminal system with patent, trademark and other facets of IPR law. It should be noted that the prevailing law allows police to directly take legal action to confront illegal practices of copying, distributing, selling and importing pirated products. The system is also open to any party to participate in making reports related to suspected copyright infringement. By this mechanism, the system really has a power or a strong driving force to protect copyright works.Undoubtedly, there is no single rule in determining the best and most effective system to combat piracy. It is certainly up to the national policy to decide after considering all relevant aspects, both theoretical and pragmatic approaches. As a tool of sosial engineering, the law is characterized as having a strategic role in realizing a well respected society. It is expected that Copyright Law would create a conducive climate for the society to be more creative and productive. At the same time, it would also establish a strong legal culture, especially to respect others rights and interests. In a diverse territory like Indonesia, classic problems such as the weakness of legal understanding and the lack of awareness among society result in wide-spread piracy practices. In this situation, there is no reason to change the criminal system into crime by accusation, A pros and cons assessment has been studied, not only in the optic of theory, but also on its realities and policy aspects. This article concludes that it is advisable not to change the system due to the fact that no critical mass justifies such proposal. | 375-392 |
| Penghapusan Diskrimanasi Etnis Tionghoa Melalui Undang Undang Kewarganegaraan Dan Praktek Pemberlakuan SBKRI | Discrimination practices in Indonesia have existed since the Dutch Indies colonial era, which divided society into Europeans, Foreign Orientals and Natives. This division and Foreign Orientals role as intermediary between Europeans and Natives caused prejudice towards those of Chinese descent were issued. Restrictions applied to Chinese language, religion and culture, so it can be said that the state discriminated against its own citizens a form of cultural genocide. One example was SBKRI. SBKRI was applied. It has been the source of income for bureaucrats who impose illegal fees for SBKRI, perhaps based on a lack of knowledge and ignorance about the Reformation era, the government enacted many laws. One that is considered revolutionary and not discriminatory is Law No. 12 of 2006 on Citizenship of the Republic of Indonesia. In practice, however, the implementation of Law No. 12 of 2006 has not met expectations, because SBKRI is still asked by some public offcials when Indonesia Citizens of Chinese descent arrange administrative documents. This is caused by the governments lack of sosialization of Law No. 12 of 2006 to public officials and the public, Inconsistent implementation of laws and regulations, and KKN practices. | 393-414 |
| Penyimpangan Pelaksanaan Isi Amandemen XIV Konstitusi Amerika Serikat Terhadap Imigran Jepang di California Tahun 1906 - 1945 | The first part of Amendment XIV stipulates that each American citizen has the right to protection and due process of law based on the American Constitution. There was a deviation of the implementation of the Amendment when Japan bombed Pearl Harbor in the United States on December 7, 1941. Prejudice and discrimination happened to Japanese descendants including Nisei and Sansei as they were put into internment camps. Their loyality finally proved that the Japanese and their descendants did not do any action against the United States. This article tries to cover the reasons for the deviation form Amendment XIV and its effects on Japanese-Americans. It also examines rehabilitation measures taken by the federal government. | 415-432 |
| Harmonisasi Kewenangan Lembaga-Lembaga Penegak Hukum Dalam Pengembalian Aset Hasil Korupsi di Indonesia | Indonesia considers the problem of corruption to be an issue that cannot be handled merely domestically it must also be handled internationally. Article 1 paragraph (3) of the Constitution Third Amendment of 1945 emphasizes that Indonesia is a Rechstaat, thus Indonesia guarantees legal certainty (zekerheids recht) and ensures the protection of human rights to citizens. Indonesia not only has the capacity to conduct relations with other countries but also to cooperate with them in matters relating to the formation and determination of Indonesian laws operating to solve the problem of corruption eradiction. The law does not only function under the purview of three parameters to achieve certainty, expediency, and fairness. It also specifies what should and should not to be done because the goal is to target not only people who actually violate the law but also actions that may occur and the state apparatus to act according to law. Corruption is no longer a national problem, but it is a transnational phenomenon. Based on this, international cooperation becomes essential in preventing and combating corruption, especially the attempt of corruptors to hide the corrupted assets through money laundering through effective international transfers. There is not a small amount of public assets which had been corrupted that were stored in financial centers in developed countries, protected both by the legal system as well as professionals hired by the corruptors. The effort to track especially for the recovery of these assets. Developing countries, where grand corruption normally occurs, face difficulties recovering stolen assets that are hidden at world financial centers. | 433-452 |