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Examining the Criminal Aspects of the Indonesian Plant Varieties Regime and Farmer Protection for Food Sovereignty Suastuti, Eny; Haq, Hayyan Ul; Hasanah, Uswatun; Martini, Dwi; Lestari, Sartika Nanda
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.75825

This research investigates the Plant Varieties Regime's role in safeguarding farmers’ rights in plant development and cultivation in Indonesia. Specifically, it scrutinizes criminal provisions concerning farmers accused of producing seeds without the right holder's consent, as evident in multiple court decisions. These verdicts have ignited legal debates that conflict with the principles of food sovereignty. Given that nearly 90% of corn plants are cultivated through traditional farmer knowledge, the increasing dependence on the seed industry disrupts agricultural practices passed down through generations. The Plant Variety Protection Act (PVP Act) inadvertently encourages seed industry monopolization. This paper advocates a coherent approach in compliance with Article 27(2) of the 1945 Constitution to address these legal issues and establish a just legal framework. The primary legal discourse centers on equitable protection, necessitating a re-evaluation of the PVP Law, which is perceived as restricting plant development opportunities and discriminating against farmers. Farmers, as stewards of seed development and livelihood, should not face criminal charges encroaching upon their rights. Employing a normative methodology involving statutory, conceptual, and case analyses, this study examines the criminal aspects and legal protection of farmers' rights in corn seed cultivation. Ultimately, the paper recommends revising the PVP Law, emphasizing the importance of coherent legal thinking when shaping criminal policies. On a practical level, it calls for collaborative efforts among stakeholders to bolster agricultural sovereignty, particularly in the corn sector, by prioritizing farmers' rights. In summary, this research aims to provide recommendations for enhancing farmers' protection against the criminal provisions outlined in the PVP Act, which holds a pivotal role in shielding farmers engaged in corn seed cultivation.

RETRACTED: Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from Indonesia and the Netherlands Sujatmiko, Agung; Haq, Hayyan Ul; Romadhona, Mochamad Kevin; Antons, Christoph
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5583

Retraction notice: This article has been retracted at the request of the Editor-in-Chief due to concerns related to authorship issues.This work is aimed at reexamining the well-known mark protection, particularly in Indonesia. It is sparked by a substantive gap, covering theoretical and practical elements in protecting well-known mark. The case rooted at the Indonesian Supreme Court decision that refers to the constitutive systems in mark registration and refused the Pierre Cardin proposal to invalidate the Indonesian local that used mark Pierre Cardin for his convection products. Normatively, the court should analyze and consider the architecture of norms in protecting well-known mark by going further into the international conventions on mark, such as TRIPs agreement and Madrid Protocol that recognize and protect the well-known mark. To analyze this case, this work will apply normative legal research. In the discussion section, this work elaborates the basic concepts of well-known mark, fundamental and core elements as well as the indicators or criteria of well-known mark. In addition, this work will compare some jurisprudences concerning the well-known mark protection. At the end, this work offers some substantive and pragmatic approaches in strengthening well-known mark protection. The substantive approach will discuss and examine some theories, norms, and policies used by judges in handling well-known mark cases. Whereas, the pragmatic approach underlines the importance of institutional networking and legal awareness improvement, particularly key society groups, e.g., university and industry, to control violation of well-known marks.

RETRACTED: Pierre Cardin and the Legal Battle for Well-Known Marks: Insights from Indonesia and the Netherlands Sujatmiko, Agung; Haq, Hayyan Ul; Romadhona, Mochamad Kevin; Antons, Christoph
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5583

Retraction notice: This article has been retracted at the request of the Editor-in-Chief due to concerns related to authorship issues.This work is aimed at reexamining the well-known mark protection, particularly in Indonesia. It is sparked by a substantive gap, covering theoretical and practical elements in protecting well-known mark. The case rooted at the Indonesian Supreme Court decision that refers to the constitutive systems in mark registration and refused the Pierre Cardin proposal to invalidate the Indonesian local that used mark Pierre Cardin for his convection products. Normatively, the court should analyze and consider the architecture of norms in protecting well-known mark by going further into the international conventions on mark, such as TRIPs agreement and Madrid Protocol that recognize and protect the well-known mark. To analyze this case, this work will apply normative legal research. In the discussion section, this work elaborates the basic concepts of well-known mark, fundamental and core elements as well as the indicators or criteria of well-known mark. In addition, this work will compare some jurisprudences concerning the well-known mark protection. At the end, this work offers some substantive and pragmatic approaches in strengthening well-known mark protection. The substantive approach will discuss and examine some theories, norms, and policies used by judges in handling well-known mark cases. Whereas, the pragmatic approach underlines the importance of institutional networking and legal awareness improvement, particularly key society groups, e.g., university and industry, to control violation of well-known marks.

Reconstruction of The Policy License for Tourism Businesses: Challenge and Opportunity for Social Welfare Suastuti, Eny; Haq, Hayyan ul; Muishot, George; Sri Djamiati, Tatiek; Arif, Firman
BESTUUR Vol 12, No 1 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i1.80277

The government's policy of revoking the authority of local governments to issue permits for the tourism business sector has caused chaos in the management and supervision of tourism businesses. This takeover of authority is closely related to the business licensing regulations regulated in the Omnibus Law. This research aims to determine the challenges and opportunities in licensing policy issues in the tourism sector that need reconstruction. The research method applied is normative legal research with a statutory and conceptual approach. The Omnibus Law is the prominent rule that be analyzed. Meanwhile, the concepts of licensing, authority, and the principle of community participation are used as the basis for analyzing and reconstructing regulations. The results of this research show that there are challenges in reconstructing licensing regulations in the Omnibus Law due to differences in perspectives on licensing concepts between the central government and regional governments, which have implications for shifting the objectives of issuing permits and the transfer of authority to issue licenses that the regional government initially owned created chaos in the supervision of tourism business activities. Still, the opportunity in this policy reconstruction is that it is still possible to revise laws based on the principle of real participation with community involvement mechanisms that can influence the final results of policy decisions, as well as active collaboration between governments at the central, regional and regional levels, stakeholders and the community in developing the tourism sector which can realize social welfare.

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