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All Journal JURNAL MAGISTER HUKUM UDAYANA Arena Hukum Veritas et Justitia Jurnal Media Hukum Rechtsidee Jurnal Cakrawala Hukum Jurnal Hukum IUS QUIA IUSTUM Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta Jurnal Ilmiah Kebijakan Hukum Jurnal Ilmiah Hukum LEGALITY Jambura Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum International Journal of Business, Law, and Education NEGREI: Academic Journal of Law and Governance International Journal of Humanities Education and Social Sciences International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Afifah Kusumadara
Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Journal : Jurnal Akta

 1 
Reformulation of Patent Law in Indonesia Regarding Patent Waiver of Vaccines in Certain Circumstances Serafim, Gladysta Viola; Kusumadara, Afifah; Widyanti, Yenny Eta
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.44518

Abstract

This research aims to reformulate patent law in Indonesia based on the 12th WTO MC Decision on the TRIPs Agreement related to patent waivers for vaccines in certain circumstances, such as pandemics. Patenting vaccines during a pandemic can hamper efforts to handle the pandemic quickly and effectively and make access to vaccines limited, especially for lower-middle-income countries (LMICs). This can be seen in the implementation of Covid-19 vaccination where there is a gap in vaccination rates and vaccine prices between developed countries and LMICs countries. For example, vaccine supplies in Indonesia as one of the LMICs countries could only meet 24% of the coverage target of 181 million people at the beginning of the Covid-19 pandemic. The patent law in Indonesia has provided flexibility regarding the implementation of patents for vaccines in certain circumstances through the implementation of patents by the government, but in fact it still cannot overcome the scarcity of vaccines in an emergency in Indonesia. This study uses normative (doctrinal) research types with statue, conceptual, and analytical. Based on the results of the research, in order to minimize existing problems so that they do not occur in the future, Indonesia can reformulate the formulation of patent laws in Indonesia based on the TRIPs Agreement, namely first, the regulation that the implementation of patent waivers for vaccines in certain circumstances does not require permission from the patent holder; second, the regulation on determining the amount of remuneration for inventors; and third,  regulation on the prohibition of re-export of vaccines whose patents are ignored. 
The Measuring Ideal Accountability in Leaking Customer Personal Data as an Unlawful Act Elmaila, Izzah; Kusumadara, Afifah; Djumikasih, Djumikasih
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.44580

Abstract

The aim of this research is first to identify cases of personal data leakage as unlawful acts that violate the law. Second, find an ideal concept for cases of leakage of bank customers' personal data based on the burden of proof. This article used a normative (doctrinal) method with statute and conceptual approach. The results of the research show that personal data leakage is a form of unlawful act that can be held accountable provided that the elements are met: the existence of the act, the act being against the law, the existence of an error or negligence (negiglence), the existence of a loss, and a causal relationship between the cause and the loss. Judging from the burden of proof and the applicable regulations, the concept of strict liability is an appropriate concept for cases of leakage of customer personal data because it is shifting the burden of proof so that business actors must prove that they are innocent.
Ideal Regulation on Endorser Responsibility for Consumer Losses from Promotional Actions by Endorsers Mufidah, Lailatul; Kusumadara, Afifah; Eta Widyanti, Yenny
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44812

Abstract

Advertising strategies through social media are increasingly being chosen by business actors to market their goods and/or services. The existence of advertising strategies through social media has given birth to a new term known as endorsers. The rapid development in the world of advertising is not balanced by the development of laws in the legislation in Indonesia which is specifically regulated through Law Number 8 of 1999 concerning Consumer Protection. The purpose of this study is to find out the ideal regulation of endorser liability for consumer losses due to promotional actions carried out by endorsers. The research method used in this study is normative legal research with a conceptual approach, a statutory approach, and a comparative approach with the Code of Federal Regulations (CFR) Part 255 on Guides Concerning the Use of Endorsements and Testimonials in Advertising. The results of this study are the urgency for legislation in Indonesia to regulate endorsers in detail and explicitly so that endorsers can be held accountable for promotional actions carried out by them.
Co-Authors Airin Liemanto Amrulla, Mohammad Fahrial AYU RAHMAWATI Devy Monica Dian Ayu Nurul Muthoharoh Djumikasih Dwi Budi Santoso Elmaila, Izzah Endang Sri Kawuryan Fadli, Moh. Giovani Anggasta Hanif Nur Widhiyanti Hayati, Asna Nurul I Gusti Kade Prabawa Maha Yoga Khairunnisa, Fitri M. Hamidi Masykur, M. Hamidi Masfufah Masfufah, Masfufah Mohamad Rivaldi Moha MUFIDAH, LAILATUL Nur Widhiyanti, Hanif Putri, Sekar Rizqi Triroosa Rachmi Sulistyarini Rahmat Sjafi’i, R. Imam Serafim, Gladysta Viola Sjafi'i, R. Imam Rahmat Suhariningsih Suhariningsih Sukarmi Sukarmi ul-Haq, Hayyan Widaqdo, Setyo Yenny Eta Widyanti Yuliati Yuliati