scholarly journals PELINDUNGAN PATEN DALAM PERSPEKTIF FUNGSI HUKUM SEBAGAI KONTROL SOSIAL DAN REKAYASA SOSIAL

2021 ◽  
Vol 13 (1) ◽  
pp. 61-78
Author(s):  
Sudjana Sudjana
Keyword(s):  
Social Control ◽  
Research Method ◽  
Analytical Approach ◽  
Patent Protection ◽  
Social Engineering ◽  
Electronic Media ◽  
Patent Law ◽  
Literature Study ◽  
The Subject ◽  
Technological Means

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.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

scholarly journals PATENT RIGHT TRANSFER THROUGH WAQF: WHAT ARE THE REQUIREMENTS?

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

<p>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.</p>

scholarly journals PRINSIP NEW AND NOVELTY DALAM PERLINDUNGAN PATEN DI INDONESIA

2020 ◽  
Vol 8 (8) ◽  
pp. 1240
Author(s):  
Ni Kadek Wedayanti Ari Suputri ◽  
Ida Ayu Sukihana
Keyword(s):  
Research Method ◽  
Patent Protection ◽  
Descriptive Analysis ◽  
Literature Study ◽  
Legal Research ◽  
Conceptual Approach ◽  
Analysis Techniques ◽  
Study Techniques

Studi ini bertujuan untuk mengkaji persyaratan dalam permohonan perlindungan paten dan menganalisis pernerapan prinsip new and novelty dalam perlindungan paten. Metode penelitian yang digunakan dalam studi ini adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Dalam menunjang studi ini digunakan bahan hukum primer berupa peraturan perundang-undangan yaitu Undang-Undang No. 13 Tahun 2016 Tentang Paten dan bahan hukum sekunder yaitu buku-buku dan literatur tentang paten yang menunjang studi ini. Pengumpulan bahan hukum menggunakan teknik studi kepustakaan. Setelah bahan hukum terkumpul maka perlu dianalisa bahan-bahan hukum tersebut untuk kepentingan studi ini dengan menggunakan teknik analisis deskriptif. Hasil dari studi ini menjelaskan bahwa (1) Persyaratan dalam Permohonan Perlindungan Paten termuat dalam Pasal 24 sampai Pasal 29 Undang-Undang No. 13 Tahun 2016 Tentang Paten; dan (2) Penerapan prinsip new and novelty merupakan persyaratan substantive dalam permohonan perlindungan paten sehingga suatu invensi harus memenuhi prinsip tersebut agar memperoleh perlindungan Paten. This study aims to examine the requirements in applying for patent protection and analyze the application of new and novelty principles in patent protection. The research method used in this study is a normative legal research method with a statutory and conceptual approach. In supporting this study primary legal materials are used in the form of legislation namely Law No. 13 of 2016 concerning Patents and secondary legal materials namely books and literature on patent that support this study. Collection of legal materials using literature study techniques. After the legal materials are collected it is necessary to analyze these legal materials for the benefit of this study by using descriptive analysis techniques. The results of this study explain that (1) The requirements in the Patent Protection Application are contained in Article 24 to Article 29 of Law No. 13 of 2016 concerning patents; and (2) The application of the principle of new and novelty is a substantive requirement in an application for patent protection so that an invention must meet these principles in order to obtain patent protection.  

scholarly journals THE QUALITY OF E-KTP SERVICE IN CIBEUNYING KALER SUBDISTRICT AT BANDUNG MUNICIPALITY INDONESIA

2021 ◽  
Vol 1 (2) ◽  
pp. 43-48
Author(s):  
Sunasih Mulianingsih ◽  
Engkus ◽  
Tika Ayu Tri Lestari
Keyword(s):  
Data Collection ◽  
Service Quality ◽  
Research Method ◽  
Qualitative Approach ◽  
Literature Study ◽  
District Office ◽  
Government Services ◽  
The Subject ◽  
Improve Service Quality

The quality of E-KTP service is one of the basic forms of government services to the community. The main problem of this research is that the quality of E-KTP service at the Cibeunying District Office, Bandung City is not optimal and not satisfactory. Optimizing e-KTP services is needed to improve service quality and satisfy the community. This synthesis is the subject of this article. The research method used is a qualitative approach with data collection techniques: observation, interviews and literature study. Based on the research results, the service is not optimal because it is not fully based on the dimensions: 1. Service Speed, 2. Cleanliness, Tidiness and Facilities; 3. Friendliness and Patience of Employees in Serving the speed of service; 4. Employees who are helpful and friendly and considerate of customers; 5. Security and Comfort.

scholarly journals The Role of Religious Presuppositions and Precomprehensions in Selecting Narratives Related to the Cause of Revelation (Asbab al-Nuzul)

2019 ◽  
Vol 15 (2) ◽  
pp. 155-164
Author(s):  
Ali Dashti ◽  
Mehdi Akbarnejad ◽  
Mohammad Reza Hosseininia
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Decisive Role ◽  
The Other ◽  
Other Hand ◽  
Library Research ◽  
The Subject

Abstract The narratives of the cause of revelation (Asbab al-Nuzul) play a decisive role in the interpretation of Quranic verses. On the other hand, when coming across with these narratives, presuppositions, and precomprehensions play an important role in selecting them.   This research tries to study the narratives of the cause of revelation in the Tafsir al Munir fi al Aqidah wa al Shariah wa al Manhaj (by Karya Wahbah al Zuhaili) and explain the role of Wahbah al Zuhaili’s religious presuppositions and precomprehensions in selecting narratives related to the cause of revelation (Asbab al-Nuzul). This study uses library research method that has been discussing the subject with a descriptive-analytical approach. This research shows that in many cases, Wahbah al Zuhaili has been influenced by religious presuppositions and precomprehenstion and has used them to develop his interpretative goals. Keywords: Wahbah al Zuhaili, Tafsir al-Munir, Asbab an-Nuzul  

scholarly journals Intangible machines: Patent protection for software in the United States

2018 ◽  
Vol 57 (1) ◽  
pp. 18-37
Author(s):  
Brad Sherman
Keyword(s):  
Information Technology ◽  
Subject Matter ◽  
Patent Protection ◽  
The United States ◽  
Patent Law ◽  
Clear Understanding ◽  
Information Technology Industry ◽  
Technology Industry ◽  
The Subject ◽  
The Law

Intellectual property law has been interacting with software for over sixty years. Despite this, the law in this area remains confused and uncertain: this is particularly evident in patent law. Focusing on U.S. patent law from the 1960s through to the mid-1970s, this article argues that a key reason for this confusion relates to the particular way that the subject matter was construed. While the early discussions about subject matter eligibility were framed in terms of the question “is software patentable?”, what was really at stake in these debates was the preliminary ontological question: what is software? Building on work that highlights the competing ways that software was construed by different parts of the information technology industry at the time, the article looks at the particular way that the law responded to these competing interpretations and how in so doing it laid the foundation for the confusion that characterizes the area. When engaging with new types of subject matter, patent law has consistently relied on the relevant techno-scientific communities not only to provide the law with a relatively clear understanding of the nature of the subject matter being considered; they have also provided the means to allow the law to describe, demarcate, and identify that new subject matter. The inherently divided nature of the nascent information technology industry meant that this was not possible. As a result, the law was forced to develop its own way of dealing with the would-be subject matter.

scholarly journals Perlindungan Konsumen oleh Otoritas Jasa Keuangan Terhadap Nasabah Asuransi yang Dirugikan

Wajah Hukum ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 573
Author(s):  
Ahmad Nazori
Keyword(s):  
Data Collection ◽  
Consumer Protection ◽  
Financial Services ◽  
Research Method ◽  
Analytical Approach ◽  
Insurance Company ◽  
Analysis Techniques ◽  
Consumer Complaint ◽  
Circular Letter ◽  
The Subject

Insurance is an institution to invest funds with a specific purpose so that if in the future it is needed by the insurance customer, the funds can be withdrawn by the insurance customer. However, in reality, many insurance customers suffer losses because the funds they have invested in the insurance company are not disbursed by the insurance company. This is the subject of discussion in this study so that the research method is carried out with an analytical approach and a statutory approach. The research materials are primary, secondary and tertiary legal materials so that the data collection techniques use literature studies and qualitative analysis techniques. In this case, discussing the regulation of the duties of the Financial Services Authority in overcoming the occurrence of a loss insurance customers is regulated in Law Number 21 of 2011 concerning the Financial Services Authority, Regulation of the Financial Services Authority Number 1/POJK.07/2013 concerning Consumer Protection Sector Financial Services and OJK Circular Letter Number 2/SEOJK.07/2014 Regarding Consumer Complaint Service and Settlement and consumer protection by the Financial Services Authority for insurance customers who are harmed is that there is no consumer protection carried out by Financial Services cooperatives for insurance customers who are harmed by the company insurance

scholarly journals Resepsi Remaja terhadap Konten @BotakTikTok di Media Sosial TikTok

Koneksi ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 182
Author(s):  
Steven Kesuma ◽  
Daniel Tamburian
Keyword(s):  
Social Media ◽  
Direct Observation ◽  
Research Method ◽  
Phenomenological Research ◽  
Qualitative Approach ◽  
Literature Study ◽  
Connotative Meaning ◽  
Direct Observations ◽  
The Subject ◽  
Positive Content

TikTok is an application that gives users access to create short videos with their creations and creativity. In the TikTok application, there are lots of content creators who create content - content ranging from positive content to negative content. The author focuses more on @BotakTikTok creator content because this creator's content is unique, namely having 3 TikTok accounts. The purpose of this study is to describe the reception of adolescents to the content of @BotakTikTok on social media. The research method used in this research is a qualitative approach with phenomenological research. Phenomenological research is used by the author because it allows to find out and understand about the meaning of content in social media (TikTok). The results of the data were obtained through direct interviews with 3 sources, direct observation and literature study. Observation is used by the author by making direct observations so that the author can find out how the subject sees the object under study. The result of this research is that the meaning received by adolescents in positive content is denotative meaning and the meaning that is received by adolescents in negative content is the connotative meaning and the reception of adolescents is included in the hegemonic - dominant position.TikTok merupakan aplikasi yang memberikan akses kepada penggunanya untuk membuat video berdurasi pendek dengan kreasi dan kreativitas yang dimiliki. Dalam aplikasi TikTok terdapat banyak sekali konten kreator yang membuat konten mulai dari konten positif hingga konten negatif. Penulis lebih memfokuskan kepada konten kreator @BotakTikTok karena konten kreator ini memiliki keunikan yaitu memiliki tiga akun TikTok. Tujuan penelitian ini adalah untuk mendeskripsikan resepsi remaja terhadap konten @BotakTikTok dalam media sosial. Metode penelitian yang digunakan dalam penelitian ini adalah metode pendekatan kualitatif dengan penelitian fenomenologi. Penelitian fenomenologi digunakan oleh penulis karena memungkinkan untuk mencari tahu dan memahami mengenai pemaknaan konten dalam media sosial (TikTok). Hasil data diperoleh melalui wawancara langsung dengan tiga narasumber, observasi langsung serta studi kepustakaan. Observasi digunakan oleh penulis dengan cara melakukan pengamatan langsung agar penulis bisa mengetahui cara pandang subjek terhadap objek yang diteliti. Hasil dari penelitian ini adalah makna yang diterima remaja dalam konten positif merupakan makna denotatif dan makna yang diterima remaja dalam konten negatif merupakan makna konotatif serta resepsi remaja termasuk kedalam posisi hegemonik-dominan.

scholarly journals The Perspective of Indonesian Law on E-Commerce: Validity, Liability and Dispute Settlement

2020 ◽  
Vol 07 (03) ◽  
pp. 334-352
Author(s):  
Lintang Yudhantaka ◽  
Ghansham Anand ◽  
Manik Katulistiwi
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Electronic Media ◽  
Legal Research ◽  
Commercial Activity ◽  
Fast Development ◽  
The Subject ◽  
Legal Construction ◽  
Almost All

In the era of globalization, the fast development of technology enables people to complete almost all activities with technological assistance. One of the activities is commerce. Commercial activity by means of electronic media is called e-commerce. Like ordinary commerce, e-commerce requires contract to order rights and obligations of parties involving in transaction. This study aims to discuss and to elaborate legal construction of e-commerce in addition to the liability of merchant for any loss resulted. In practice, only few consumers fully understand contents of contract. Many of them experience losses either because of their negligence in understanding contract or the fraudulent actions of business actors. This study employed legal research method with conceptual and statute approach. The study reveals that e-commerce is a form of e-contract. In addition, e-commerce is constructed as sales and purchase agreement since it arranges subjects, objects, and primary obligations of the pertinent parties. On the subject of liability of merchants, they must be liable if they were revealed violating contract and taking their consumers into loss.

scholarly journals Analysis of Student Understanding Concepts with the Blended POE2WE Model Based on Augmented Reality on Electromagnetic Induction Material: Literature Review

2021 ◽  
Author(s):  
imiftah nurnazarudin ◽  
Nana
Keyword(s):  
Augmented Reality ◽  
Conceptual Understanding ◽  
Learning Process ◽  
Electromagnetic Induction ◽  
Research Method ◽  
Teaching And Learning ◽  
Student Understanding ◽  
Literature Study ◽  
Model Based ◽  
The Subject

This study aims to describe the analysis of students' conceptual understanding using the blended POE2WE model based on augmented reality in electromagnetic induction metering. This research is motivated by the lack of understanding of the concepts of physics, especially in the subject of electromagnetic induction and the lack of innovation in learning so that it can reduce the process of understanding students' concepts. Therefore it must be an idea and innovation in the learning process, especially in electromagnetic induction material, namely by using augmented reality learning media. The research method is literature study by reviewing some previous literature on the same topic for analysis and conclusions. The results of this study indicate that students 'conceptual understanding with the blended POE2WE model based on augmented reality as a learning innovation can be a solution to problems encountered during the teaching and learning process so that it can improve students' understanding of concepts.

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