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Journal : JUNCTO: Jurnal Ilmiah Hukum

Urgensi Regulasi atas Produk Artificial Intelligence Sebagai Upaya Perlindungan Hukum di Indonesia Siregar, Namira Romaito; Saidin, Saidin; Leviza, Jelly; Andriati, Syarifah Lisa
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.3334

Abstract

This study aims to analyze the Regulation of Legal Protection on the Utilization of Artificial Intelligence Works in the Empowerment of Intellectual Property Rights in Indonesia and analyze the Urgency of Regulation on Patent Law Problems in Indonesia as the Utilization of Artificial Intelligence Works in Comparison with Japan. This study uses normative legal methods with a comparative approach to analyze AI patent protection, utilizes literature studies, and aims to provide recommendations for regulatory development in Indonesia. The results of the study show that legal protection for AI works in Indonesia is urgent to be developed through adaptive and specific regulations. Legal ambiguity in Law No. 13 of 2016 hampers the protection of AI patents, while Japan has shown mature and comprehensive regulations. Revisions to the law in Indonesia are needed to include AI copyright and patent protection, encourage innovation, and attract investment. Learning from Japan, Indonesia can create a legal system that is conducive to the growth of AI-based technology. Responsive regulation will ensure AI is used legally and benefits society.
Analisis Yuridis Sengketa Penggunaan Hak Paten Invensi Alat Sterilisasi Tandan Kelapa Sawit (Putusan MA Nomor 1130K/PDT.SUS-HKI/2021) Aulida, Dinda; Saidin, Saidin; Leviza, Jelly
JUNCTO: Jurnal Ilmiah Hukum Vol 6, No 2 (2024): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v6i2.5454

Abstract

This article or paper aims to analyze the patent's legal protection for the palm bunch sterilizer according to Law Number 13 of 2016 as well as the reasons for the rejection of the patent holder's lawsuit and legal considerations in the Supreme Court Decision 1130K/2021. This study uses a normative juridical method with a legislative approach and analysis of legal concepts. The source includes primary legal materials, namely Law Number 13 of 2016 concerning Patents, and secondary literature related to Patent Rights and Unlawful Acts. This article analyzes the legal protection of the patent for palm bunches sterilizer based on Law Number 13 of 2016 and legal considerations in Supreme Court Decision 1130K/2021. The research uses a normative juridical method with primary legal materials and secondary literature related to Patent Rights. The results confirm that the patent is the exclusive right of the inventor to use or license his invention. In infringement cases, the patent owner can sue for damages, even though public understanding of patent infringement is still lacking, opening up opportunities for abuse.