PROTECTION OF THE RIGHT TO IMPLEMENT PATENTS IN THE TECHNOLOGY AND INVESTMENTS IN INDONESIA

2019 ◽  
Vol 3 (1) ◽  
pp. 65
Author(s):  
Abdul Atsar

Abstract Today, businesses in industry and technology are faced with increasingly keen competition challenges. Business in industry and technology can be done by way of technology transfer, which is expected to increase on the absorption of investment and the provision of employment. For that very necessary regulation that can support the investment climate and technology transfer such as Patent law. Not only oriented inward with the spirit of nationalism but also must globalize or in accordance with international regulations in order to avoid clash with other countries. The purpose of this study is to examine the protection of patent application rights in Technology Transfer and Investment Absorption in Indonesia. This research method is normative juridical. This approach is the legal, conceptual and historical approach. This research includes descriptive research, Data used in this research is primary data and secondary data source. Data analysis techniques, which use is qualitative normative descriptive analysis. The results of this study can be seen that there are several Articles in the Law No.13 Year 2016 on Patents that have a high spirit of nationalism that is expected to improve technological progress and increase investment in Indonesia but it is contrary to international law or agreement TRIPs, among them is Article 20, Article 4, Article 78 and Article 120. The Articles are contradictory to Article 27 TRIPs, it is necessary to amend the rules of Patent through the Act and the implementing regulations under it and to make qualification and classification of the products are required to make or use the process in Indonesia so as to appeal to domestic and foreign investors from abroad to invest their capital and bring patent technology to Indonesia.  AbstrakSaat ini, bisnis di industri dan teknologi dihadapkan pada tantangan persaingan yang semakin tajam. Bisnis dalam industri dan teknologi dapat dilakukan dengan cara transfer teknologi, yang diharapkan dapat meningkatkan penyerapan investasi dan penyediaan lapangan kerja. Untuk itu sangat diperlukan regulasi yang dapat mendukung iklim investasi dan alih teknologi seperti hukum paten. Tidak hanya berorientasi ke dalam dengan semangat nasionalisme tetapi juga harus mengglobal atau sesuai dengan peraturan internasional untuk menghindari bentrokan dengan negara lain. Tujuan dari penelitian ini adalah untuk menguji perlindungan hak paten dalam transfer teknologi dan penyerapan investasi di Indonesia. Metode penelitian ini adalah yuridis normatif. Pendekatan ini adalah pendekatan hukum, konseptual, dan historis. Penelitian ini termasuk penelitian deskriptif, data yang digunakan dalam penelitian ini adalah data primer dan sumber data sekunder. Teknik analisis data, yang digunakan adalah analisis deskriptif normatif kualitatif. Hasil penelitian ini dapat dilihat bahwa ada beberapa Pasal dalam UU No.13 Tahun 2016 tentang Paten yang memiliki semangat nasionalisme tinggi yang diharapkan dapat meningkatkan kemajuan teknologi dan meningkatkan investasi di Indonesia tetapi bertentangan dengan hukum internasional atau perjanjian TRIPs, di antaranya adalah Pasal 20, Pasal 4, Pasal 78 dan Pasal 120. Pasa-pasal tersebut bertentangan dengan Pasal 27 TRIPs, perlu untuk mengubah aturan paten melalui Undang-Undang dan peraturan pelaksanaan di bawahnya dan untuk membuat kualifikasi dan klasifikasi produk diperlukan untuk membuat atau menggunakan proses di Indonesia untuk menarik investor domestik dan asing dari luar negeri untuk menginvestasikan modalnya dan membawa teknologi paten ke Indonesia. 

2021 ◽  
Vol 10 (2) ◽  
pp. 177-190
Author(s):  
Nur Khosiin

Abdullah Nasih Ulwan’s provides several points of view in the realm of methods of planting Islamic education in children which can later be used as a means to achieve the goals of Islamic education. This research uses the documentation method with a descriptive-interpretative approach, namely an attempt to describe the interpretation of some of the texts of the book at-tarbiyah al-aulad fi al-Islam in the third chapter. As for the primary data source is the book at-tarbiyah al-aulad fi al-Islam, the secondary data source is books and related literature, while the data analysis used descriptive analysis. The results of this study there are five methods of planting Islamic education for children, namely educating by example, customary habits, advice, supervision, and through punishment.


Author(s):  
Kadek Agus Sudiarawan

This research is aimed identifying the advantages of the regulation of TUPE principles, as well as inhibiting factors for outsourcing companies to apply the TUPE principles after the Decision of the  Constitutional Court Number 27/PUU-IX/ 2011. The research was conducted by using normative-empirical method. The data of the research consisted of primary data and secondary data. All of the collected data were analyzed using qualitative method. The results of this research were presented in a descriptive analysis report. The results of the research indicated he advantages that could be obtained by workers in relation with regulation of the TUPE principles included protection of wages, welfare and working requirements, protection of workers when the company was taken over, protection of workers when there is a change of outsourcing company and regulation of the right to file a lawsuit to the industrial relations court. The inhibiting  factors in the application of the TUPE principles in the  outsourcing companies after the  Decision of Constitutional Court  were the lack of socialization and supervision of the government, various legal loopholes of discrepancies between the implementing regulation and  the Decision of Constitutional Court, uncertainty severance regulation, assumptions that TUPE was a new burden which may disadvantage employers, and the lack of understanding of the workers related to their rights.


2019 ◽  
Vol 2 (1) ◽  
pp. 109
Author(s):  
Bagus Gani Setiana ◽  
Sri Kusriyah Kusriyah

The paper titled "Deradicalisation Crime Of Terrorism Actors By Police", aims to identify and analyze the role of the National Police in the process of deradicalization of the criminal terrorism in Indonesia, the benefits of deradicalization, as well as the challenges and solutions faced by the National Police in the implementation of the deradicalization.This study uses the Juridical Sociological Approach, with descriptive analysis models, which use the type and source of primary data that is the result of interviews with police personnel and ex-terrorist, as well as secondary data source that literature on the various sub - laws that exist in Indonesia. Also in this study, the authors also used the descriptive method of analysis. That in the end all results were analyzed by using the theory of Aristotle and theory of Justice usefulness of Jeremy Bentham.Based on the research that has been analyzed, then it was concluded that the role of the National Police in deradicalizing the task is enormous, as evidenced by the reduction in the number of terrorism cases in Indonesia from year to year. In addition, the benefits of deradicalization can reduce the number of perpetrators of terrorism by changing the target ideology. But it is undeniable that the Police still face many obstacles, which in this study the authors provide some solutions to these obstacles.Keywords: Deradicalisation; Ideology; Police; Terrorism.


2020 ◽  
Vol 5 (2) ◽  
pp. 167
Author(s):  
Kusnadi Yudha Wiguna ◽  
Elia Dwilingga

The purpose of this research is to find out how the accountability of village financial management in Megang Sakti V Village Megang Sakti District Musi Rawas District. This type of research is descriptive research with qualitative data analysis using primary and secondary data sources. Primary data sources, namely through observation and interviews. The secondary data source is through regulations related to village financial management in 2018. The results showed that there was a delay in accountability at the implementation stage in submitting a payment request which led to delays in the administration, reporting and accountability stages. At the administration stage there is also a delay, apart from being due to the delay in this implementation stage, also due to the limited ability and knowledge of village apparatus resources in running village financial system applications which have an impact on delays in the next stage, namely reporting and accountability.


2019 ◽  
Vol 16 (2) ◽  
Author(s):  
Mig Irianto Legowo

The pharmacy is a pharmacy or place of service where pharmacy practice is carried out by pharmacists. In accordance with the provisions of a pharmacist can establish a Pharmacy with its own capital and / or capital from a capital owner both individuals and companies. Furthermore, in the case of pharmacists who establish a pharmacy in collaboration with capital owners, the work of organizing mandatory pharmacy is still carried out entirely by the pharmacist in question, therefore the responsibility of the pharmacist is as the manager of the pharmacy, which raises responsibility for the drug consumers The businessman / manager of the pharmacy is also obliged to provide the right service and information to the drug consumers. This study entitled Implementation of the Responsibility of Pharmacy Management for Drug Consumers aims to (1) know the responsibility of the pharmacist / manager to consumers in providing medicines, (2 ) to find out the problems faced by businessmen / managers of pharmacies in carrying out their obligations to dru. The type of research used is normative juridical with research specifications that are descriptive analytical. In this study the data is obtained from secondary data as primary data and primary data as supporting data (complementary). While the data collection method is interviews for primary data and literature studies for secondary data. The data obtained is presented in the form of a description of the event and then analyzed by qualitative descriptive analysis. In the case of a Pharmacy committing a serious violation that is life-threatening, then the SIA sanction for a Pharmacist's License Letter can be revoked without prior warning. (2) problems of problems faced by employers or managers of pharmacies include (a) drugs that are no longer circulating (b) drugs that have expired, (c) supplies of medicines run out. Then the business carried out by the pharmacy entrepreneur is (a) the pharmacy gives substitute drugs that have the same use. (B) if the drug has expired the pharmacy will exchange the drug to PBF. (C) if the drug supply runs out the pharmacy will advise consumers to search the drug runs out to another pharmacy.


2019 ◽  
Vol 7 (2) ◽  
pp. 267
Author(s):  
Imam Mustofa ◽  
Enizar Enizar ◽  
Mukhtar Hadi ◽  
Dedi Irwansyah

<p>Islamic fundamentalism is usually identified and associated with the Islamic radicalism movement. This Islamic fundamentalism doctrine and movement have prepared students to be their successors. Lampung University as the biggest university in Lampung cannot be separated as its target. This article attempts to investigate types of fundamentalism at Lampung University; the fundamentalism development at the university; and the responses of university and faculty members towards religious activities at the. This study was a result of qualitative research applying two data sources in the words of primary data source and secondary data source. The collecting data methods were documentation and interview. The interviews were intended to lecturer, staff, university activist, and student. The documentation was held by examining the literature correlated with religious practice. The collected data were analyzed by using content analysis. The analysis was conducted through plotting the study and practice of religion, and analyzing the pattern of the study, religion practice and the contextualization of within Islamic study of Indonesia. Based on the analysis, this study concluded that the right-leaning Islamic doctrine which usually called Islamic fundamentalism turning a finger to Lampung University was not oriented on radicalism movement. This movement developed seriously Islamic education. Fundamentalism at Lampung University, not only moved to the education sector (tarbiyah) but also came into political sectors (siyasah). Unfortunately, university lets them move, because of their active roles in Islamic education for students. Nevertheless, some groups responded to their movement by initiating to create a similar student unit, namely KMNU (the Family of Nahdatul Ulama Students). However, the existence of this organization has not given significant improvements towards religious practices and discourses at Lampung University.</p>


Jurnal Ecogen ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 176
Author(s):  
Widya Fraenka Sari ◽  
Tri Kurniawati

This study aims to: 1) analyze the effect of learning motivation on student achievement. 2) analyze the effect of e-learning utilization on student achievement. 3) To analyze the effect of learning motivation and e-learning utilization student achievement. Thie type of research is quantitative descriptive research. The population in this study are students of the Department of Economic Education, FE UNP in 2017-2018. The sample are 100 peoplestudent. The type of data in this study are secondary data and primary data. The data collection technique used is a questionnaire. The data that has been collected is analyzed by descriptive analysis. This research uses multiple regression analysis. The results of this study indicate that 1) learning motivation does not significantly influence student achievement. 2)utilization of e-learning has no significant effect on student achievement and 3) learning motivation and utilization of e-learning have no significant effect on learning achievement student achievement departement of economic education UNP.Keywords : motivation to learn, the use of elearning, the use of elearning


2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Yayang Primadona ◽  
Yusep Rafiqi

In choosing the right competitive advantage strategy to be applied by a business,businessmen need to look at market conditions and assess their position in the market. This can be done by analyzing the business environment, both the external environment and the internal environment, usually called SWOT analysis. The purpose of this research is to formulate the most appropriate competitive strategy for to be applied in the future. In this research the author uses descriptive qualitative method with data collection techniques through interview, observation and documentation. Primary data collection is done through in-depth interviews with informants in this study, namely including Madina managers, Madina employees, Madina consumers, Madina suppliers and local governments Purbaratu Tasikmalaya. While secondary data is collected through literature studies, research journals and an overview of research objects, the structure and vision and mission of the company obtained directly from the Madina Purbaratu Tasikmalaya minimarket. The research method used is a qualitative descriptive analysis method with SWOT anlysis. From the results of the IFAS and EFAS analysis the company position is in quadrant 1. From the quadran the recommended strategy is an aggressive/progressive strategy. Then from matrix SWOT the right alternative strategy options that can be applied in Madina in the future is the SO strategy by maintaining the company’sstrengths, minimizing weaknesses and avoiding threats seen from the company’s internal and external factors analyzed through the SWOT matrix


Jurnal Akta ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 93
Author(s):  
Sulaiman Sulaiman

The purpose of this study as follows 1) To identify and explain Child outside influence married status of the right to inherit after the Constitutional Court decision No. 46/PUU-VIII/2010 in the Religious Court Kendari, 2) To identify and explain the barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari, 3) To identify and explain solutions to overcome barriers outside the married status of children of the right to inherit after the decision of the Constitutional Court Number 46/PUU-VIII/2010 in the Religious Court Kendari. The method used by researchers is sociological approach juridical law and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interview Religious Court Judge in Kendari. And secondary data obtained from the study of literature. Based on the results of the research are In terms of inheritance after the court ruling, the position of a child outside of married as intended by the constitutional court decision outside the married is not the same child with the natural child, has been gaining street or space to get recognition for the sake of protection of the rights of the child outside the married. In this case the Constitutional Court to decide Article 46/PUU-VIII/2010 on children outside of married, deserved to be recognized by the biological father and is also entitled to inheritance equal to the other children. Constraints in this Constitutional Court decision is a matter of perspective among law enforcement and government officials to give up the rights to illegitimate children are no different treatment or other discriminatory treatment.


Author(s):  
Putu Eka Trisna Dewi

The high percentage of non-performance loan (NPL) may bring adverse impact to creditor (banks), the banking sector in general, and also to the economic and financial of the country. To overcome these conditions, Bank of Indonesia issued a policy regarding restructuring. Restructuring is an effort undertaken in the activities of credit to borrowers who have difficulty to meet its obligations. Banks engaged in lending has a restructuring program has been set on the credit policy of each bank, but still there are banks that ignore and do not do this loan restructuring seek in accordance with the procedure. This study is an empirical study that examines the juridical on the implementation of the rules concerning the restructuring of the debtor defaults on bank loans as well as obstacles in implementing the debt restructuring. This research is a descriptive research. Data sourced from primary data and secondary data. Data collection techniques used is literature study and interview techniques. Analysis conducted qualitative and descriptive analysis presented. Implementation of the provisions of the rescue loan restructuring and settlement of non-performing loans on bank credit has not been optimally applied to all borrowers who are having trouble paying even though they have the opportunity to carry out the payment. Inhibiting factors, among others, the rules concerning debt restructuring are scattered in various policy rules, regulations often change with a relatively large number of rules, the lack of a comprehensive understanding of this policy, an independent financial consultant is often overlooked involvement in debt restructuring, which is not good faith to implement agreement, the lack of information and initiatives in the debtor filed debt restructuring, customers who do not cooperative and giving false information about the source of income.


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