Articles
<![CDATA[Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi ]]>
<![CDATA[Maulana, Adam Afin]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11179
<![CDATA[Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.]]>
<![CDATA[Minimum Wage Determination For Employees/Workers : A Principle of Legal Protection on Manpower ]]>
<![CDATA[Nobella Indradjaja]]>;
<![CDATA[Suwarno Abadi]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i3.1034
<![CDATA[Indonesian workers are vulnerable to becoming victims of white collar crime, as the basic things they are entitled to are often not paid by the company. To minimize the losses experienced by Indonesian workers, the government has established several legal steps which are the core to this research. Using a normative juridical approach, this research focuses to find out the legal grounds and steps that workers can take to fight for justice. The results of the research show that: One, there are regulations in Article 27 paragraph (2) of the 1945 Constitution and Article 88 paragraph (1) of Law No. 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law which protects workers from wage violations (one of which is minimum wage). Two, there are legal routes that workers can take if industrial relations conflicts continue: Bipartite, Mediation, and Industrial Relations Court.]]>
<![CDATA[Legal Protection for Police Officers in Handling of Labour Demonstrations ]]>
<![CDATA[Ra’af Abdi Pandua]]>;
<![CDATA[Suwarno Abadi]]>
<![CDATA[ Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities ]]>
Publisher : <![CDATA[Dinasti Research ]]>
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DOI: 10.38035/jlph.v5i3.1322
<![CDATA[Labour demonstrations often involve social tensions that pose legal risks for police officers. This study aims to analyse the implementation of legal protection for police officers handling labour demonstrations in Surabaya. The research employs a normative juridical method, utilising statutory, conceptual, and case approaches. The findings reveal that police officers' understanding of legal boundaries in managing demonstrations needs improvement, and challenges persist in ensuring effective legal protection. Therefore, this study recommends enhancing human rights-based training, developing clear internal policies on the use of force, and providing proactive legal support for police officers. These measures are expected to minimise the risk of criminalisation against officers acting in accordance with procedures and to enhance professionalism in handling labour demonstrations.]]>
<![CDATA[Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat ]]>
<![CDATA[Krestianto, Agustinus Herry]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i2.10828
<![CDATA[Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).]]>
<![CDATA[Peran Penalaran Hukum Dalam Penegakan Hukum Tindak Pidana Penyalahgunaan Bahan Bakar Minyak Bersubsidi ]]>
<![CDATA[Rahman, Habibur]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity ]]>
Publisher : <![CDATA[Universitas Wijaya Putra ]]>
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DOI: 10.37504/lh.v3i1.707
<![CDATA[Legal reasoning is a logical process essential for determining justice and legal certainty, particularly in criminal cases. This article examines legal reasoning in the context of the misuse of subsidized fuel (BBM), which has become a critical issue in Indonesia. The misuse of subsidized fuel not only causes economic losses to the state but also impedes social justice for communities entitled to such subsidies. Using a normative approach, this article analyzes the application of criminal law to perpetrators of subsidized fuel misuse, referring to existing legislation such as Law Number 22 of 2001 on Oil and Gas. Legal reasoning in this case involves identifying the elements of criminal acts, interpreting legal norms, and applying appropriate criminal sanctions. Furthermore, this article explores the use of deductive, inductive, and analogical reasoning methods in assessing the conformity of perpetrators' actions with applicable legal norms. The analysis results show that proper legal reasoning is necessary to ensure that perpetrators of subsidized fuel misuse are prosecuted fairly and effectively. Consistent law enforcement is also expected to create a deterrent effect and promote the efficient distribution of subsidized fuel to communities in need. This article concludes that legal reasoning plays a crucial role in addressing the complexities of subsidized fuel misuse cases while strengthening the legal system to protect the interests of the state and society.]]>
<![CDATA[Criminalizing Non-Compliance with Civil Execution Orders: A Strategy for Enhancing Legal Certainty and Business Efficiency ]]>
<![CDATA[Daim, Nuryanto Ahmad]]>;
<![CDATA[Bayuaji, Rihantoro]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Jurnal Hukum dan Peradilan Vol 13 No 2 (2024) ]]>
Publisher : <![CDATA[Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI ]]>
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DOI: 10.25216/jhp.13.2.2024.337-364
<![CDATA[People seeking justice through civil justice often complain about legal uncertainty in terms of execution, because the execution procedure for civil cases does not have definite time period, especially when the Defendant takes other legal remedies such as opposition lawsuits and civil lawsuits, the execution process is also postponed. Moreover, when the losing party uses resistance methods in the execution time, the execution is also postponed. Therefore, this research aims to obtain the value of legal certainty regarding the implementation of the execution, because the losing party or related third parties can pursue a lawsuit against the execution which can prevent the execution. The target of this research is to create a policy model for resolving legal issues related to execution in order to create a sense of legal certainty and justice for the plaintiff (the winning party). The method used is normative juridical with a conceptual approach, statutory approach, comparative approach and philosophical approach. The findings of the research are that: non-compliance with legally binding decisions is still a form of civil contempt because it belongs to the civil domain, it is constructive (indirect) contempt because the execution of a civil case is the last part of the hearing process, so the action is id entified as disobeying a court order occuring when an act that should or should not be carried out by someone ordered or requested by the court in carrying out his or her functions cannot be fulfilled by the person who was ordered. So this unlawful act can be qualified as a criminal act as regulated in Article 281 paragraph (1) of Law Number 1 of 2023 on the Criminal Code (KUHP).]]>
<![CDATA[Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat ]]>
<![CDATA[Krestianto, Agustinus Herry]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i2.10828
<![CDATA[Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Pekerja Kontrak dalam Pemutusan Hubungan Kerja ]]>
<![CDATA[Hasan, Fuad]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11128
<![CDATA[In Indonesia, the legal protection of workers includes two basic aspects, namely protection from the power of the employer and protection from government action. Legal protection from the power of the employer is implemented if the regulations on labor are implemented by all parties. The purpose of providing legal protection to workers is to create good working relationships and ensure that the rights of workers are implemented and can be fully received in accordance with applicable regulations and labour agreements. The research method used normative juridical research with a statutory approach and conceptual approach. Basically, this employment agreement contains the rights and obligations of the parties, in this case employers and employees. In labor relations, legal protection aims to avoid the arbitrariness of one of the parties. Factors affecting legal protection of workers' rights due to termination of employment include the fact that there are still many business actors who do not carry out their obligations to provide rights to workers in accordance with applicable regulations. Protection related to the rights of workers affected by termination of employment has been regulated in Law Number 6 Year 2023, namely the fulfillment of workers' rights consisting of severance pay, long service pay, and compensation pay that should be received in accordance with the length of service in the company concerned.]]>
<![CDATA[Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi ]]>
<![CDATA[Maulana, Adam Afin]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11179
<![CDATA[Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.]]>
<![CDATA[Tinjauan Kriminologi Tindak Pidana Membawa Senjata Tajam ]]>
<![CDATA[Jaya, Bagus Novian]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Gorontalo Law Review Vol. 8 No. 1 April 2025, Gorontalo Law Review ]]>
Publisher : <![CDATA[Universitas Gorontalo ]]>
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DOI: 10.32662/golrev.v8i1.3875
<![CDATA[The crime of carrying sharp weapons in Indonesia is a serious issue that threatens public security and public order. This study aims to analyze the legal framework concerning the crime of carrying sharp weapons and to identify the countermeasures implemented by the government and law enforcement agencies. This research uses a normative juridical method with approaches including the Statute Approach, Case Approach, and analysis of societal habits related to carrying sharp weapons. The results show that although clear regulations exist, their effectiveness in preventing the misuse of sharp weapons, particularly in crowded situations, remains questionable. A stricter enforcement of the law is necessary to create a deterrent effect for offenders, while non-penal approaches, such as legal awareness campaigns, are also essential to educate the public about the dangers and socialization of carrying sharp weapons without permission. The synergy between the government, law enforcement, and society is crucial to creating order and security in public spaces, ensuring that existing regulations are applied optimally.]]>
