REVITALIZATION  OF  INDONESIAN  ULEMA  COUNCIL  FATWA  ABOUT  INTELLECTUAL  PROPERTY  PROTECTION

In the current era of global globalization, there is not a single country in the world that can live alone. One issue that can disrupt relations between nations in the world is related to the protection of Intellectual Property Rights (IPR). This is due to the economic value of the use of IPR that can increase the country's competitiveness in international relations. Increasing IPR protection is a necessity to increase the creativity and productivity of the community, while at the same time increasing the trust of the international community which is ultimately expected to encourage the development of the national economy. One effort to improve IPR protection in Indonesia is to revitalize the fatwa of the Indonesian Ulema Council on IPR protection so that it can keep abreast of the times and can provide a deterrent effect to perpetrators of criminal acts of IPR violations, especially those who are Muslim. That is because his actions are contrary to Islamic law, so it is appropriate and should be sentenced both in the world and in the hereafter. The purpose of the preparation of this manuscript is to encourage changes to the MUI fatwa on IPR protection. This research is a normative legal research using the statutory and conceptual approach. The results of this study are the draft changes to the substance of the MUI fatwa on IPR Protection.

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The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽

10.20473/ydk.v36i1.24077 ◽

2021 ◽

Vol 36 (1) ◽

pp. 177

Author(s):

Ria Setyawati ◽

Mas Rahmah ◽

Rahmi Jened ◽

Nurul Barizah ◽

Agung Sujatmiko

Keyword(s):

Legal Protection ◽

Problem Formulation ◽

International Level ◽

Legal Research ◽

Conceptual Approach ◽

Legal Rules ◽

Legal Problems ◽

The Times ◽

Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

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Menakar Tujuan Hukum dibalik Putusan MA No. 46 P/HUM/2018 Yang Pro Koruptor

Al-Adalah: Jurnal Hukum dan Politik Islam ◽

10.35673/ajmpi.v4i2.412 ◽

2019 ◽

Vol 4 (2) ◽

pp. 99-134

Author(s):

Nurlindah Nurlindah ◽

A. Sugirman ◽

Rosita Rosita

Keyword(s):

Islamic Law ◽

Supreme Court Decision ◽

Vice President ◽

Legal Certainty ◽

Legal Research ◽

Conceptual Approach ◽

Track Record ◽

General Elections ◽

Election Commission ◽

Executive Body

In welcoming 2019 concurrent general elections, the General Election Commission issued PKPU No. 20 of 2018, one of which banned former convicts of corruption from becoming legislative candidates on the grounds that corruption is an extraordinary offense that is commonly practiced by legislators both individually and in congregation. The regulation is stated in Article 4 paragraph (3) PKPU No. 20 of 2018 concerning Nominations for Members of DPR, Provincial DPRD and Regency / City DPRD. However, the regulation was canceled with the issuance of Supreme Court decision No. 46 P / HUM / 2018. Based on this, the limitation of the problem of this research is how to measure the aspects of the legal objectives behind the decision No. 46 P / HUM / 2018 which are more pro-corrupt so that they can understand the judge's decidendi ratio in canceling the prohibition of ex-convicts from becoming legislators. This type of research is normative legal research with a statutory approach and conceptual approach. The theoretical basis in the presentation of research results is the theory of legal goals by Gustav Radbruch namely justice, certainty and usefulness which is compared with Islamic law. The results of this study indicate that the Supreme Court's consideration overturned PKPU No. 20 of 2018 because it is considered contrary to Article 240 of Law No. 7 of 2017 concerning General Elections and Article 12 of Law No. 12 of 2011 concerning Formation of Laws and Regulations. The Supreme Court's considerations in the a quo ruling contain the three legal objectives. However, it is more inclined to legal certainty, so it does not reflect the value of justice that lives in the community. The cause of not achieving the values of justice that live in the community in the a quo decision is because the basis for testing the regulation is Law No. 7 of 2017 concerning General Elections does not prohibit such matters, even though the nomination rules on the executive body namely the President and Vice President require that they do not have a bad track record. Likewise when viewed from Islamic law which requires legislative candidates called ahlul ahli wal aqdi must have a fair way which means having integrity and a good image in the society.

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On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

Sustainability ◽

10.3390/su10124369 ◽

2018 ◽

Vol 10 (12) ◽

pp. 4369 ◽

Cited By ~ 4

Author(s):

Qing Lin ◽

Zheng Lian

Keyword(s):

Intellectual Property ◽

Cultural Heritage ◽

Patent Protection ◽

Intangible Cultural Heritage ◽

The Third ◽

Current State ◽

The World ◽

Protection Mode ◽

Ipr Protection

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

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Perbedaan Pemahaman Konsep Ikrar Talak Menurut Putusan Pengadilan Agama dengan Syariat Islam

Wajah Hukum ◽

10.33087/wjh.v3i1.53 ◽

2019 ◽

Vol 3 (1) ◽

pp. 20

Author(s):

Nourma Dewi ◽

Femmy Silaswaty

Keyword(s):

Islamic Law ◽

Research Approach ◽

Legal Research ◽

Conceptual Approach ◽

Islamic Period ◽

Legal Remedies ◽

Religious Courts

This study aims to determine the differences in understanding the concept of talaq pledges according to the decisions of religious courts with Islamic Shari'a. This research is normative legal research. The research approach used in this study is the legislative approach and the conceptual approach. Based on the results of the research and discussion it can be concluded that there is a concept inconsistency between the religious courts that adhere to the Compilation of Islamic law with Islamic Shari'a which includes the fall of divorce, legal remedies, and the enactment of the Islamic period.

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Tanggung Jawab Negara Asal Virus Covid-19 Perspektif Hukum Islam dan Hukum Internasional

Jurnal Kawakib ◽

10.24036/kwkib.v2i1.23 ◽

2021 ◽

Vol 2 (1) ◽

pp. 64-77

Author(s):

Nurjanah Nurjanah ◽

Hifdhotul Munawaroh

Keyword(s):

International Law ◽

Islamic Law ◽

Country Of Origin ◽

Legal Research ◽

International Court ◽

The World ◽

Almost All

The spread of the Covid-19 virus has been very massive almost all over the world, Covid-19 is a real threat to humans and countries because it causes some global losses and damage. The perceived losses have led several countries to sue China to be responsible and immediately be tried in an international court. This research aims to know, understand, and analyze the regulatory responsibilities of countries in Islamic law and international law perspective and whether or not the country of origin of the Covid-19 outbreak is held accountable for a global Covid-19. This research is normative legal research with a statutory approach. The results of this study explain that China could be held accountable if it met certain characteristics of the Covid-19 case, but it is not easy for China to be held accountable for this Covid-19 case which almost in several countries in the world

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Eksistensi Perjanjian Ditengah Pandemi Covid-19

Batulis Civil Law Review ◽

10.47268/ballrev.v1i1.423 ◽

2020 ◽

Vol 1 (1) ◽

pp. 33

Author(s):

Kunarso Kunarso ◽

A Djoko Sumaryanto

Keyword(s):

Research Method ◽

Virus Disease ◽

Human Life ◽

Large Population ◽

The State ◽

Legal Research ◽

Conceptual Approach ◽

Corona Virus ◽

Force Majeure ◽

The World

Corona Virus Disease-19 (COVID-19) has a significant impact on all aspects of human life in the world, especially in Indonesia which is very large in area and has a large population (around 267 million people) with different kinds of professions. The purpose of this study is to focus on civil matters, with more emphasis on the problem of agreements that are influenced by Covid-19. The normative legal research method uses a statutory approach, and a conceptual approach to force majeure and describes an analysis (analytical descriptive). The results showed that the agreement in the state of the Covid-19 outbreak greatly influenced the implementation of the agreement set and agreed upon by the parties, because the agreement binds the parties, so the parties are subject to the contents of the agreement.

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Fatwa Majelis Ulama Indonesia sebagai Solusi Permasalahan Umat Islam di Indonesia

Al-Manahij Jurnal Kajian Hukum Islam ◽

10.24090/mnh.v14i2.3927 ◽

2020 ◽

Vol 14 (2) ◽

pp. 307-316

Author(s):

Ibnu Elmi Achmat Slamat Pelu ◽

Jefry Tarantang

Keyword(s):

Legal System ◽

Islamic Law ◽

Legal Authority ◽

Legal Research ◽

Conceptual Approach ◽

Historical Approach ◽

High Position ◽

Legal Norms ◽

Legal Development ◽

Binding Position

The Indonesian Ulema Council (MUI) has an important role in answering the increasingly complex problems of Muslims through fatwas. However, in the Indonesian legal system, fatwas are not considered a source of material law that has legal validity as a solution to the problems of Muslims in Indonesia. Therefore, this study aims to describe the position of fatwas in the legal system in Indonesia and the existence of the fatwas of the Indonesian Ulema Council in addressing the problems of the ummah. This research is a normative legal research using three types of approaches consisting of a statutory approach, a historical approach, and a conceptual approach. The results of this study concluded that: firstly, the position of fatwas in the construction of Islamic law has a high position. Fatwas are seen as a solution that can break the ice in legal development that is not accommodated by the texts of the Quran. So, substantively and sociologically, fatwas have a strong and binding position in Islamic law. Secondly, the existence of the fatwa of the Indonesian Ulema Council in responding to the problems of the Ummah can be seen in two aspects. The first aspect, fatwas in the perspective of Islamic legal authority are binding sociologically in substance. This is because fatwas are explanations and interpreters of the texts of the Quran regarding Islamic law. The second aspect, fatwas from the perspective of the hierarchy of laws and regulations, legally and formally, do not have any position in the ranking of legal norms. However, it is constitutionally guaranteed through Article 29 of the 1945 Constitution that guarantees the realization of the fulfillment of all Islamic law for Muslims in Indonesia.

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Tinjauan Hukum Islam Terhadap Sistem Transaksi Kredit Pemilikan Rumah (KPR) Di Bank Tabungan Negara Syariah (BTN Syariah) Semarang

Hukum dan Masyarakat Madani ◽

10.26623/humani.v7i3.1425 ◽

2019 ◽

Vol 7 (3) ◽

pp. 167

Author(s):

Arif Rochman ◽

Dharu Triasih ◽

Agus Saiful Abib

Keyword(s):

Public Housing ◽

Low Income ◽

Islamic Law ◽

The State ◽

Legal Research ◽

Conceptual Approach ◽

Accounts Payable ◽

Savings Bank ◽

The Government ◽

Legal Condition

Rumah adalah kebutuhan dasar yang sangat penting bagi setiap orang. namun sebagian orang masih belum memiliki rumah sendiri. Faktor penyebabnya adalah mahalnya harga tunai rumah. Oleh karena itu pemerintah melalui menteri perumahan rakyat membuat program Kredit Pemilikan Rumah (KPR). Program KPR ini ditujukan untuk masyarakat berpenghasilan rendah yang disebut KPR subsidi. Salah satu bank yang menjadi pelaksana program tersebut yaitu Bank Tabungan Negara Syariah (BTN Syariah). Penelitian skripsi ini mengenai sistem transaksi KPR yang dilakukan oleh BTN Syariah Semarang dan tinjauan hukum Islam terhadap sistem transaksi KPR di BTN Syariah Semarang. Jenis penelitian ini menggunakan penelitian hukum normatif dengan pendekatan konseptual agar dapat memahami sistem transaksi KPR BTN Syariah yang menggunakan prinsip Islam. Hasil dan pembahasan penelitian ini yaitu sistem transaksi KPR yang dilakukan BTN Syariah menggunakan akad jual beli murabahah dan istishna. Tinjauan hukum Islam terhadap Akad murabahah yaitu dengan 3 pendekatan yang terdiri dari ditinjau dari rukun jual beli, syarat sah jual beli serta syarat jual beli kredit. Untuk akad Istishna, BTN Syariah tidak bisa menggunakan akad ini karena BTN Syariah bukanlah produsen melainkan trader. Simpulannya skema transaksi KPR yang dilakukan BTN Syaraih hakekatnya bukan jual beli murabahah atau istishna, tetapi hutang piutang / qardh.<div class="WordSection1">Home is a basic need that is very important for everyone. but some people still do not have their own home. The factor is the high cost of house cash. Therefore, the government through the minister of public housing makes the program of Housing Loans (KPR). The mortgage program is aimed at low-income communities called subsidized KPR. One of the banks that became the implementer of the program is the State Savings Bank Syariah (BTN Syariah). This thesis research about mortgage transaction system conducted by BTN Syariah Semarang and review of Islamic law to mortgage transaction system in BTN Syariah Semarang. This type of research uses normative legal research with a conceptual approach in order to understand the transaction system of KPR BTN Syariah using Islamic principles. Results and discussion of this research is a system of mortgage transactions conducted BTN Syariah using the sale and purchase agreement murabaha and istishna. Review of Islamic Law against Murabahah Akad that is with 3 approach consisting of observed from rukun jual beli, legal condition of sale and purchase and condition of sale and purchase credit. For Istishna contract, BTN Syariah can not use this contract because BTN Syariah is not a producer but trader. The conclusion of the scheme of mortgage transactions conducted by BTN Syaraih is not the sale and purchase of murabahah or istishna, but the accounts payable / qardh.</div>

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PATENT RIGHT TRANSFER THROUGH WAQF: WHAT ARE THE REQUIREMENTS?

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v7i2.20720 ◽

2018 ◽

Vol 7 (2) ◽

pp. 301

Author(s):

Chrisna Bagus Edhita Praja ◽

Mulyadi Mulyadi ◽

Budi Agus Riswandi ◽

Kuni Nasihatun Arifah

Keyword(s):

Intellectual Property ◽

Research Method ◽

Patent Protection ◽

Economic Value ◽

Secondary Data ◽

Patent Law ◽

Use Value ◽

Legal Research ◽

Patent Owner ◽

Internal Conflicts

This study aims to examine and identify criteria for patents that can be used as waqf assets. Patents are very potential as waqf asset because of a large number of patent holders in Indonesia with the requirements of productive waqf. Patents are a type of Intellectual Property with the provision of a specified period and are still a debate related to the period of waqf which is always a pro and contradiction, some scholars consider waqf property to be forever but in the waqf law is allowed a waqf property with a specified period. This research method uses a normative legal research method with a Law approach and concept approach as well as secondary data review. The Act used is the Patent Law and the Waqf Act. The results show that the patent that can be used as an waqf asset refers to the provision of waqf property which includes (1) legal ownership of the patent owner and evidenced by a patent certificate (2) is not controversial which means not in a legal dispute until in Kracht van gewijsde or not in internal conflicts for patents owned by several inventors (3) have economic value and use value so that it can benefit the community. Patents can be used as an waqf asset because in the Waqf Law it is explained that the waqf property may be for a specified period. The period in the patent waqf in the deed of the waqf pledge must be adjusted to the period of patent protection.

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EKSISTENSI KHIYAR DALAM UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DI TOKO MODERN (Analisis Hukum Ekonomi Syariah)

AL-BANJARI Jurnal Ilmiah Ilmu-ilmu Keislaman ◽

10.18592/al-banjari.v15i1.818 ◽

2016 ◽

Vol 15 (1) ◽

pp. 69

Author(s):

Rahmatul Huda

Keyword(s):

Consumer Protection ◽

Islamic Law ◽

Legal Research ◽

Conceptual Approach ◽

Economic Law ◽

The Law ◽

Islamic Economic ◽

The Right

Indonesia is a country that is predominantly Muslim, so that Muslim consumers certainly get the protection of the goods and/or services in accordance with Islamic law. Because the protection of the rights of every citizen of Indonesia. Khiyar is one form of consumer protection in Islam. Surely, khiyar as one of the forms to protect the rights of Muslim consumers are contained in the Consumer Protection Law. This thesis aims to determine: (1) Existence khiyar in Law No. 8 of 1999 on Consumer Protection, and (2) Analysis of the existence of khiyar in Law No. 8 of 1999 on Consumer Protection. This research is a normative law (normative legal research), namely legal research conducted by examining the legal material. The approach taken in this study is the statute approach and the conceptual approach. Based on the method used produced the conclusion that the existence khiyar in Law No. 8 of 1999 on Consumer Protection, contained in article 4, which khiyar aib and khiyar syarath with the right to safety (article 4 letter a), khiyar majlis and khiyar ta'yin with the right to choose (article 4 letter b), khiyar tadlis and khiyar aib with the right to be informed (article 4 letter c and h), and khiyar ru'yah with the right to be heard (article 4 letter d ). Existence khiyar in article 4 of the Law No. 8 of 1999 on Consumer Protection in terms of the Islamic economic law in accordance with the rules of fiqh, maqasid shari'ah, and fiqh.

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