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Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi Maulana, Adam Afin; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11179

Abstract

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.
Minimum Wage Determination For Employees/Workers : A Principle of Legal Protection on Manpower Nobella Indradjaja; Suwarno Abadi
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1034

Abstract

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.
Legal Protection for Police Officers in Handling of Labour Demonstrations Ra’af Abdi Pandua; Suwarno Abadi
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1322

Abstract

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.
Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat Krestianto, Agustinus Herry; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10828

Abstract

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).
Peran Penalaran Hukum Dalam Penegakan Hukum Tindak Pidana Penyalahgunaan Bahan Bakar Minyak Bersubsidi Rahman, Habibur; Abadi, Suwarno
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.707

Abstract

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.