scholarly journals PERLINDUNGAN HUKUM SUMBER DAYA GENETIK INDONESIA DAN OPTIMALISASI TEKNOLOGI INFORMASI

2020 ◽  
Vol 4 (2) ◽  
pp. 236
Author(s):  
Sudaryat Sudaryat
Keyword(s):  
Information Technology ◽  
Biological Diversity ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Developed Countries ◽  
Convention On Biological Diversity ◽  
Pharmaceutical Companies ◽  
Literature Study ◽  
Double Standards ◽  
Cartagena Protocol

ABSTRAKIndonesia menyimpan sumber daya genetik yang melimpah namun memiliki kelemahan dalam database nya. Hal ini menjadi celah adanya tindakan biopiracy dari perusahaan-perusahaan farmasi negara maju. Perkembangan teknologi informasi memasuki era teknologi 4.0 dan society 5.0. Perlindungan hukum sumber daya genetik dari sisi regulasi dan kelembagaan serta optimalisasi teknologi informasi dalam perlindungan non yuridis Metode penelitian yang digunakan yaitu yuridis normatif dengan pendekatan dekriptif analisis. Data dikumpulkan melalui studi pustaka dan wawancara dan dianalisis dengan metode yuridis kualitatif. Indonesia belum memiliki aturan khusus mengenai sumber daya genetik. Konvensi Keanekaragaman Hayati, Propokol Cartagena dan Protokol Nagoya belum optimal karena tidak didukung oleh negara maju yang menerapkan standard ganda. Perkembangan teknologi infomrasi menjadi peluang sekaligus tantangan. Teknologi informasi dapat menjadi sarana penyusunan database sumber daya genetik yang melimpah dan beragam. Pemanfaatan teknologi informasi menjadi mutlak dilakukan dan dapat menjadi sarana pembuktian secara elektronik serta upaya pencegahan klaim dari negara lain.Kata kunci: genetik; Indonesia; keragaman; informasi; teknologiABSTRACT Indonesia stores abundant genetik resources but has weaknesses in its database. This becomes a gap in the biopiracy of the pharmaceutical companies in developed countries. The development of information technology entered the era of technology 4.0 and society 5.0. Legal protection of genetik resources in terms of regulation and institutions as well as optimization of information technology in non-juridical protection.The research method used is juridical normative with descriptive analysis approach. Data was collected through literature study and interviews and analyzed using qualitative juridical methods.Indonesia does not yet have specific rules regarding genetik resources. The Convention on Biological Diversity, the Cartagena Protocol and the Nagoya Protocol are not yet optimal because they are not supported by developed countries that apply double standards. The development of information technology is both an opportunity and a challenge. Information technology can be a means of compiling a database of abundant and diverse genetik resources. The use of information technology is absolutely necessary and can be a means of proving electronically and efforts to prevent claims from other countries.Keywords: diversity; genetic; Indonesian; information; technology

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

scholarly journals PROTECTION OF THE AFRICAN LION: A CRITICAL ANALYSIS OF THE CURRENT INTERNATIONAL LEGAL REGIME

2016 ◽  
Vol 19 ◽  
pp. 1 ◽  
Author(s):  
Samantha Watts
Keyword(s):  
Biological Diversity ◽  
Population Decline ◽  
Legal Protection ◽  
Legal Framework ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Protection Measures ◽  
African Lion ◽  
State Boundaries ◽  
African Lions

This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries). This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species, and addresses both the positive and negative aspects of this regime. It is found that the international legal regime for the African lion is in fact not effective in achieving the protection and survival of the species. Some changes are recommended, and the best way forward through an international legal lens is outlined. The security and viability of the African lion is uncertain, and legal protection of the species needs to be clear to start ensuring their survival in the future. With the increase in threats to the species and African lions already regionally endangered in some parts of Africa, it is obvious that some legal changes need to be made to ensure greater protection of the African lion at an international level.

scholarly journals The law of the land: intangible ad tangible rights in Aboriginal Australia

2012 ◽  
Vol 3 (1) ◽  
pp. 227
Author(s):  
Ana Elisa Monteiro Penteado
Keyword(s):  
Indigenous Peoples ◽  
Biological Diversity ◽  
Social Values ◽  
Legal Protection ◽  
Land Rights ◽  
Convention On Biological Diversity ◽  
Aboriginal Australia ◽  
The Law

This article deals with the Convention on Biological Diversity, article 8 (j) in connection tothe national and local legislation to be enacted prior to article 8 (j) enforcement. It showsthat for legal protection of Indigenous Peoples’s intangible rights, land rights are to be resolvedby government and organisms devoted to land right claimed by Aboriginal Peoples.The experience of Australia through its recent colonization, decolonization and reviewof social values presented by Rudd Administration secured Indigenous Peoples rights. In conclusion, this article proposes a multi-action from historical, political, legal and jurisprudentialsources for article 8 (j) to be operative. 

The Cartagena Protocol on Biosafety and Shifts in the Discourse of Precaution

2005 ◽  
Vol 5 (4) ◽  
pp. 25-46 ◽  
Author(s):  
Peter Andrée
Keyword(s):  
Genetically Modified Organisms ◽  
Biological Diversity ◽  
New Technologies ◽  
Convention On Biological Diversity ◽  
Spongiform Encephalopathy ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Discursive Politics ◽  
Policy Fields ◽  
And Shifts

The precautionary principle is increasingly recognized as an important tool in multilateral environmental policy making, even as its practical implications remain the subject of intense debate. Drawing on Foucault's reading of discursive politics, this paper traces the emergence and effects of a specific framing of a precautionary response to new technologies found in the 2000 Cartagena Protocol on Biosafety to the Convention on Biological Diversity. This international treaty enables states to restrict imports of specific classes of genetically modified organisms (GMOs), even if the extent of the harm they may cause remains uncertain. This particular framing of precaution in an environmental treaty is novel for its application to technologies yet to be demonstrated as harmful, and can only be understood in the context of the contentiousness of controversies over GMOs, bovine spongiform encephalopathy (BSE), and hormone-injected beef in the 1990s. At the same time, what might be termed the “Cartagena discourse of precaution” has already had productive effects on a variety of other policy fields including the regulation of persistent organic pollutants and pesticides.

scholarly journals Disharmonized the Regulation of Biological Resources and its Ecosystem in Indonesia

2020 ◽  
Vol 10 ◽  
pp. 332-340
Author(s):  
Sumurung P. Simaremare ◽  
◽  
Muhammad Dzikirullah H. Noho ◽  
Keyword(s):  
Natural Resources ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Constitutional Court ◽  
State Control ◽  
Library Research ◽  
Cartagena Protocol On Biosafety ◽  
Cartagena Protocol ◽  
Materials Used ◽  
Definition Of

The goal of state control over natural resources is an anticipatory step to avoid the widest possible use by individuals or legal entities as a means of oppression and exploitation of others. However, in reality, many regulations overlap and are not in harmony with one another. The author of this study uses normative juridical research. The definition of normative juridical is a type of research that emphasizes more on library research, where the materials used will be obtained from laws, literature, mass media, which are related to writing materials. This study found that the arrangement of living natural resources in Indonesia that is less harmonious is: a. Law Number 21 of 2004 concerning Ratification of the Cartagena Protocol On Biosafety To The Convention On Biological Diversity and b. Constitutional Court Decision No.35/PUU-X/2012.

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