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All Journal Paulus Law Journal Indonesian Journal of Law and Policy Studies
Regita Dwi Azzahra
Universitas Muhammadiyah Tangerang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Resolution of Digital Technology Patent Disputes in Indonesia: Case Analysis of Nokia and PT Bright Mobile Regita Dwi Azzahra; Upik Mutiara; Amiludin
Paulus Law Journal Vol. 7 No. 2 (2026): Maret 2026
Publisher : Fakultas Hukum Universitas Kristen Indonesia Paulus

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Abstract

he rapid development of digital technology has increased the economic value of inventions based on software, algorithms, and information technology systems, while simultaneously leading to a rise in patent disputes in Indonesia. Digital patents possess unique characteristics, as they are intangible, easily replicated, and frequently involve cross-border licensing arrangements, which complicates legal enforcement. This study aims to analyze the urgency of resolving digital patent disputes and to evaluate the effectiveness of dispute resolution mechanisms under Indonesian positive law. The research employs a normative juridical method using statutory and conceptual approaches, examining Law Number 13 of 2016 on Patents and its practical implementation. The analysis focuses on the patent dispute between Nokia Technologies OY and PT Bright Mobile Telecommunication. The findings indicate that litigation through the Commercial Court faces significant procedural and technical evidentiary challenges, resulting in ineffective dispute resolution. This study concludes that alternative dispute resolution mechanisms, particularly mediation and arbitration, are more suitable for digital patent disputes due to their efficiency, speed, and ability to preserve the economic value of inventions. Therefore, stronger legal policies and adaptive dispute resolution mechanisms are necessary to ensure legal certainty and support the development of digital technology in Indonesia.
Licensing Disputes in The State Administrative Court System Regita Dwi Azzahra; Ahmad Ahmad; Putri Aulya Maharani; Syahrul Ardiyansyah Hamid; Siti Athira Hasya; Revalina Keyza; Wahyu Tenggar A Ruby Razzaq Sulaiman; Muhammad Rifadli Rabunah; Rizky Sapta Ramadan Ependi; Endang Mulyadin
Indonesian Journal of Law and Policy Studies Vol. 5 No. 1 (2024): Indonesian Journal of Law and Policy Studies
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/ijlp.v5i1.15965

Abstract

Licensing is an administrative instrument used by the government to regulate public activities that may generate social, economic, and environmental impacts. In practice, however, the issuance of permits frequently results in disputes due to procedural defects, abuse of authority, and violations of general principles of good governance. This study aims to analyze the characteristics of licensing disputes, the legal framework governing judicial review, and the effectiveness of the Administrative Court in providing legal protection to citizens. The research applies a normative juridical method using statutory and conceptual approaches through the examination of administrative law doctrine and court decisions. The findings indicate that most licensing disputes originate from weak administrative verification, improper use of discretion, and non-compliance with the principles of legality and legal certainty. The Administrative Court functions as a supervisory mechanism by reviewing the legality of administrative decisions and restoring the rights of affected parties. Nevertheless, its effectiveness remains limited due to technical evidentiary difficulties and weak enforcement of judicial decisions by administrative authorities. Therefore, strengthening administrative oversight mechanisms and ensuring execution of court judgments are necessary to establish accountable governance
Co-Authors Ahmad Ahmad Amiludin Endang Mulyadin Muhammad Rifadli Rabunah Putri Aulya Maharani Revalina Keyza Rizky Sapta Ramadan Ependi Siti Athira Hasya Syahrul Ardiyansyah Hamid Upik Mutiara Wahyu Tenggar A Ruby Razzaq Sulaiman