Law is a means of social control to direct people to take actions in accordance with applicable regulations so as to create order and peace. While the function of law as social engineering is to change human behavior in order to uphold justice and respect obligations under the law. This study aims to determine the function of law as social control and social engineering related to patent protection. The research method used is a descriptive analytical approach to legislation. Data collection was carried out through literature study while data analysis was carried out in a qualitative normative manner. The results of the study show that the legal function as social control related to patents is the object, terms and procedures of protection and the period of protection, while the subject of protection and legal action in case of violation is the function of law as social engineering. However, in order to understand the requirements for granting patents and to eliminate the impression that patent registration is too procedural and to increase legal awareness in order to respect patents by other parties, it is necessary to continuously disseminate information or information through print or electronic media with the use of technological means which are currently developing rapidly so that can support the effectiveness of social control and social engineering as mandated by the Patent Law.
This study aims to determine the enactment of Law Number 28 of 2014 concerning Law No. 19 of 2002 relating to the "Sold Flat" mechanism before and after the enactment of Law Number 28 of 2014 in the Perspective of National Economic Development in the Globalization Era. The research method used is the normative and juridical comparative juridical approach, the specification of analytical descriptive research, the research phase is carried out through the study of literature to examine primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out through document study, which is done by reviewing documents about positive law. Furthermore, data analysis methods are carried out through qualitative normative. The results of the study show that: (1). the secondary linking point (determinant) of the enactment of Law Number 28 of 2014 concerning Law Number 19 of 2002 based on "Lexus exterior derogat priori" (the new law disregards the old law); (2). The "sold flat" mechanism can be a means of National Economic Development in the Globalization Era if it is supported by consistent law enforcement, adequate facilities, community legal awareness and a conducive legal culture.
This study discusses, on the basis of analysis of Law No. 20 of 2016, the potential impact of Geographical Indication protection to local economy. By tracing other relevant laws and regulations, using in depth analysis of existing literature and other relevant qualitative data on the subject matter, the author argues that: (1) Law No. 20 of 2016 compared to the Law it replaces it more sufficient to provide protection and legal certainty to Geographical Indication beneficiaries; (2) Quite a number of potential Geographical Indications exist in Indonesia which deserve protection, especially in relation to its potential to support local economic development.
This study aims to obtain information on: first, the obligation to create and conceal Electronic Medical Record and its juridical consequences; Secondly, due to the law of absence or error in the manufacture of Electronic Medical Records and the position of Electronic Medical Record as a tool in the theoretical transactions.The research method used is normative juridical approach method, analytical descriptive research specification, research phase is done through literature study to examine primary law material, secondary law material, and tertiary law material. Data collection techniques are conducted through document studies, conducted by reviewing documents on positive law. Furthermore, the method of data analysis is done through normative qualitative.The results of the study indicate: Legal aspects of Medical Record or Electronic Medical Record in Teurapetik Transactions related to: first, the obligation of health workers in coaching and health services to make Medical Record or Electronic Medical Record correctly and responsible for secrecy because it is the opening of Medical Record or Electronic Medical Record without With the permission of the patient having the consequences of criminal law. The absence or misuse of the Medical Record or Electronic Medical Record means that health workers may be subject to criminal, civil and administrative sanctions. Second, the position of Medical Record or Electronic Medical Record is evidence in the form of a letter (if given outside the court), and expert information (if delivered in court).
In this article the author discusses the fair use (Art. 43-49 Law 28/2014 re. copyright) in relation scientific work performed by lecturers and researchers.This legal discourse in the field of copyright law will be performed using a juridical normative approach. One important finding is that the fair use doctrine allows lecturers and researchers to utilize copyright protected work from others - in the name of scientific progress or educational purposes - without having to obtain prior consent or license. Nonetheless, user of copyright protected works must pay attention to reasonable interest of copyright holder, the meaning of which is left to legal practice.
This review discusses the effectiveness and efficiency of dispute resolution of intellectual property through Arbitration compared to Mediation under Law Number 30 of 1999.Approach method used is normative juridical, that is studying national legislation. Specific descriptive analytical research in the sense of describing the issues discussed and analyzed. The research stage is done through literature study to examine the primary law material such as Law Number 30 ofA 1999 Concerning Arbitration and Alternative DisputeA Resolution. Furthermore, secondary law material is done through expert opinion, and tertiary legal material is digital source (internet). Data collection techniques are conducted through document studies, which are conducted by reviewing documents on intellectual property dispute resolution. Then the method of data analysis is done through normative qualitative, it means to study the problem do not use statistic formula, but starting from the principles of law.The results of the study show that the settlement of intellectual property disputes through Arbitration andA Mediation each has advantages and disadvantages. Mediation is more effective and efficient than Arbitration relating to stakeholder relations, atmosphere, results achieved, and costs. However, in terms of legal certainty, arbitration is more effective because the decision is final and binding.
The author discusses the legal protection of integrated circuit layout design as provided by Law 32/2000 and compares it with how the government regulates and protect other sorts of intellectual property rights (copyright, trademarks, patents, etc.). The purpose of this comparison is to reveal shortcomings as well as the strength of each different regulations. This study reveals that Law 32/2000 as compared to other IPR protections has yet to provide legal protection of inventor's moral rights, priority rights as well as temporary decision. At the same time, all regulations cannot be fully implemented due to the lack of or insufficient implementing regulations.
The purpose of this article is to discuss, from the perspective of cyber law, the relevant rules and regulation as found in the prevailing law on copyright (Law No. 28 of 2014) and how it provides effective protection to copyright creations. The author shall highlight the most important rules and norms or principles. The discussion shows that a number of rules in the Law No. 28 of 2014 has not been able to fully accommodate the need to respond to new development in virtual technology. A number of issues concerning who enjoy protection, the object being protected, registration system, period of protection, restriction on copyright and its relation to educational interest and scientific research still needs to be regulated in detail.