Problematika Yuridis Wakaf Hak Kekayaan Intelektual di Indonesia

2018 ◽  
Vol 1 (2) ◽  
pp. 123-138
Author(s):  
Eva Mir'atun Niswah
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Culture ◽  
Legal Structure ◽  
Clear Explanation

Intellectual Property Rights (IPR) is one of movable objects that can be represented according to waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf). The previous regulations did not mention IPR as waqf object. IPR becomes waqf object because there is a shift of  paradigm on productive waqf. However, the waqf regulation (Undang-Undang No. 41 Tahun 2004 Tentang Wakaf) has many juridical problems. For example, there is no specific explanation about IPR waqf as well as money waqf. Besides, the IPR practice is very rare due to unclear forms of IPR waqf. Juridical problems on IPR waqf are related to legal substance, legal structure and legal culture. On legal substance, there is no clear explanation and mechanism of IPR waqf. On legal structure, there is no clear explanations about who can be the wakif or nazir on IPR waqf. On legal culture, many people are still unfamiliar with intangible waqf object (the conventional waqf object is land). Therefore, the acceptance of an intangible object such as IPR as a waqf object is very low.

scholarly journals STRENGTHENING WAQF INSTITUTION TO DEVELOP INTELLECTUAL PROPERTY AS A WAQF ASSET

2020 ◽  
Vol 8 (3) ◽  
pp. 610-617
Author(s):  
Chrisna Bagus Edhita Praja ◽  
Puji Sulistyaningsih ◽  
Budi Agus Riswandi ◽  
Mulyadi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Economic Value ◽  
Qualitative Approach ◽  
Indonesian Government ◽  
Legal Structure ◽  
Proposed Model ◽  
Depth Interviews

Purpose of the study: This study aims to provide a proposed model for intellectual property as a waqf asset with the perspective of legal substance and legal structure. Methodology: This study was conducted by examining various regulations in the field of waqf. In-depth Interviews with the Indonesian Waqf Board and D.G.I.P. are used to identify obstacles to the implementation of I.P.R. Waqf. The data obtained were analyzed using a qualitative approach and presented in the descriptive form. Main Findings: The results show that B.W.I., P.P.A.I.W., Appraisal, and Commercial Court play an important role in establishing a legal structure for the implementation of I.P.R. waqf. P.P.P.A.I.W. directly pertains to success in the administration of I.P.R. waqf. B.W.I., as a Nazir advisor, is needed in the socialization and enhancement of Nazir competencies, especially Intellectual Property Rights. Commercial Court, as a judicial institution that has the authority to provide the determination, can be involved in the process of implementing I.P.R. waqf. Meanwhile, to find out the economic value of I.P.R., an appraisal can also be involved. Applications of this study: This study is useful for the Indonesian Government to make implementing regulations regarding Waqf with I.P.R. assets.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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