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All Journal Jurnal Privat Law Pena Justisia: Media Komunikasi dan Kajian Hukum
Arief Suryono
Faculty of Law Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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INTELECTUAL PROPERTY RIGHTS IN THEORY OF ECONOMICS ANALYSIS OF LAW PERSPECTIVE AL Sentot Sudarwanto; Adi Sulistiyono; M. Hudi Asrori S; Arief Suryono; Yudho Taruno Muryanto; Diana Tantri Cahyaningsih; Dona Budi Kharisma
Jurnal Privat Law Vol 11, No 2 (2023): JULI - DESEMBER
Publisher : Fakultas Hukum Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/privat.v11i2.77462

Abstract

This article aims to describe the relevance of the protection of intellectual property rights (IPR) in the perspective of the theory of economic analysis of law. The approach used is a historical approach (historical approach) using primary legal materials and secondary legal materials. The data collection technique used is the literature study technique. Based on the research results, it can be concluded that so far the focus of traditional economic analysts has only highlighted that inventors or holders of exclusive IPR are entitled to incentives or rewards for their findings. Apart from that, giving incentives is also to encourage people to make discoveries that are beneficial to human life. However, they did not highlight the high cost of accessing or using their findings. Even the cost of accessing IP exceeds the cost of the production margin of IP itself. In the perspective of the theory of economic analysis of law, the condition of unbalanced margins can cause injustice.
How to Regulate an illegal platform in P2P Lending? (Evidence From Indonesia and Global Approach) Arief Suryono; Dona Budi Kharisma; Agata Wanda Yunitha Purba
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4444

Abstract

The aim of this studi is: (1) to scrutinize the legal predicaments pertaining to the governance of Peer-to-Peer (P2P) lending in Indonesia, by drawing comparisons with the regulatory frameworks of the United States and the United Kingdom, and (2) to devise the optimal legal mechanism for the regulation of P2P lending transactions. This study employs a normative legal research methodology utilizing comparative and legal approaches to investigate the regulatory frameworks for P2P lending in Indonesia, the United States, and the United Kingdom. The legal materials used in this study solely pertain to P2P lending regulations and were collected using library research techniques. The expansion of P2P lending in Indonesia has been impeded by the widespread prevalence of unlawful P2P lending practices. A comparative evaluation of the regulatory structures of the United States and the United Kingdom highlights that the insufficiency of regulatory measures has played a role in aggravating this issue. The UK's well-structured and comprehensive regulations, which provide robust protections, are worth emulating and implementing, especially considering that P2P lending in the UK is successful and dominates the European economic market. Meanwhile, the strict information disclosure and platform registration rules implemented in P2P lending in the United States are essential regulatory factors that the OJK should consider in its supervision of P2P lending in Indonesia.
Co-Authors Adi Sulistiyono Agata Wanda Yunitha Purba AL Sentot Sudarwanto Diana Tantri Cahyaningsih Dona Budi Kharisma M. Hudi Asrori S Yudho Taruno Muryanto