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All Journal Jurnal Konstitusi Constitutional Review Jurnal Konstitusi
Winda Wijayanti
The Constitutional Court of the Republic of Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Perlindungan Hak Konstitusional Ekonomi Warga Negara Melalui Hak Paten di Indonesia Alia Harumdani Widjaja; Winda Wijayanti; Rizkisyabana Yulistyaputri
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (410.111 KB) | DOI: 10.31078/jk1736

Abstract

Cases of piracy against patents or trademarks are cases that often occur in Indonesia. Responding to these challenges, this study aims to find out how the legal protection of citizens economic constitutional laws through patents in Indonesia. This research is prescriptive legal research and was carried out using systematic literature review methods. The research data is sourced from rules and regulations in force in Indonesia, books, and articles from national and international journals that discuss patent rights. The researcher then analyzed the data collected in a descriptive qualitative manner. The results of this study indicate that the Indonesian government protects the constitutional rights of its citizens through patents by registering their work or products by the provisions in force in Indonesia. However, when the work or product is not registered, the product is not protected by law. For this reason, citizens who have works and products that are economically valuable that allow them to be reproduced are advised to register their products or works through patents.
Dynamics of the Obligation to Register Birth Certificates as a part of the Right to Issuance Population Documents Winda Wijayanti
Constitutional Review Vol 2, No 2 (2016)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (286.65 KB) | DOI: 10.31078/consrev224

Abstract

The state is obliged to protect and recognise the legality of a person’s birth. Registration of birth in the form of a birth certificate is proof of one’s origin issued by the competent authorities. However, in practice, the time limit of one year given for such registration has proven a burden to citizens, such that complaint of constitutional damages has been brought before the Constitutional Court of Indonesia. Population administration is regulated under Act Number 23, Number 23 Year 2006 and amended by Act Number 24, Number 24 Year 2013 in accordance with Constitutional Court Decision 18/PUU-XI/2013. In order to take an active role in the registration of births, the government and local governments have to remove the deadline to report the birth of a child, as stipulated by the district court and as an effort to improve state responsibility. This requires that citizens have the "right to be heard" and, in future, there should be an integrated service from the government for the registration of births.
Perlindungan Hak Konstitusional Ekonomi Warga Negara Melalui Hak Paten di Indonesia Alia Harumdani Widjaja; Winda Wijayanti; Rizkisyabana Yulistyaputri
Jurnal Konstitusi Vol 17, No 3 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (410.111 KB) | DOI: 10.31078/jk1736

Abstract

Cases of piracy against patents or trademarks are cases that often occur in Indonesia. Responding to these challenges, this study aims to find out how the legal protection of citizens economic constitutional laws through patents in Indonesia. This research is prescriptive legal research and was carried out using systematic literature review methods. The research data is sourced from rules and regulations in force in Indonesia, books, and articles from national and international journals that discuss patent rights. The researcher then analyzed the data collected in a descriptive qualitative manner. The results of this study indicate that the Indonesian government protects the constitutional rights of its citizens through patents by registering their work or products by the provisions in force in Indonesia. However, when the work or product is not registered, the product is not protected by law. For this reason, citizens who have works and products that are economically valuable that allow them to be reproduced are advised to register their products or works through patents.
Co-Authors Alia Harumdani Widjaja Rizkisyabana Yulistyaputri