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All Journal Pembaharuan Hukum Journal of Law, Society, and Islamic Civilization
Yuliati Yuliati
Brawijaya University
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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THE LOSS OF STATE-OWNED ENTERPRISE (BUMN) AS NOT STATE LOSS IN SEPARATION PRINCIPLE PERSPECTIVE Siska Ambarwati; Yuliati Yuliati; Hanif Nur Widhiyanti
Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i1.16148

Abstract

The study aims to analyze, first, the BUMN sub-holding loss as a state loss and secondly, the responsibility of the BUMN holding company for the BUMN sub-holding loss. There is a dualism in the conception of state assets that are separated from BUMN in Indonesian laws and regulations. The research methods was normative legal research with a statutory approach and a case approach. The shares of BUMN sub-holding don’t come from the state but come from the BUMN and also the public. The capital investment which it does by the BUMN holding company to the BUMN sub-holding doesn’t make the BUMN sub-holding become a BUMN. In the Group Company, the principle of a separate entity continues to apply which leads to the principle of limited liability holding as a subsidiary shareholder. However, if BUMN as the majority shareholder has the right to actively intervene and it is proven that there is control of the company, then the principle of piercing the corporate vision can be applied. So the BUMN holding company must be responsible for BUMN sub-holding because of the control carried out by these BUMN holding companies. The results show that the BUMN sub-holding loss isn’t state loss.
Legal Protection of Traditional Medicines Against Biopiracy and Misappropriation: Ensuring Fair Benefit Sharing for Local Communities Yuliati Yuliati; Hanif Nur Widhiyanti; Ayu Mustika Pamungkas
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.104832

Abstract

Indonesia possesses rich traditional medicinal knowledge that has been transmitted across generations and constitutes an essential part of local communities’ cultural heritage. However, the modern commercial use of traditional medicines often occurs without fair benefit-sharing, leading to practices such as biopiracy and misappropriation. This research examines the adequacy of Indonesia’s legal framework in protecting traditional medicines against such exploitative practices. The findings demonstrate that despite Indonesia’s ratification of various international instruments—including the Convention on Biological Diversity, the TRIPs Agreement, and the Nagoya Protocol—legal protection for traditional medicinal knowledge remains fragmented and insufficient. Existing national regulations, particularly Law Number 36 of 2009 on Health and the Patent Law, provide only limited and indirect protection. Patent-based protection is difficult to apply due to the requirements of novelty and inventive steps, which are incompatible with the communal and hereditary nature of traditional knowledge. Although Article 26 of the Patent Law acknowledges traditional knowledge, it fails to offer comprehensive protection or ensure equitable benefit-sharing for local communities. This study concludes that Indonesia urgently requires a specific sui generis or umbrella legal framework to protect traditional medicines against biopiracy and misappropriation while ensuring justice, legal certainty, and fair distribution of benefits.
Co-Authors Ayu Mustika Pamungkas Hanif Nur Widhiyanti Siska Ambarwati