M. Putra Iqbal
Fakultas Hukum Universitas Syiah Kuala Jl. Putroe Phang No. 1, Darussalam, Banda Aceh - 23111

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

CENTRAL ACEH GOVERNMENT’S ROLE POST THE ENACTION OF GAYO COFFEE’S GEOGRAPHICAL INDICATIONS Novi Syafriani; M. Putra Iqbal
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 2, No 1: Februari 2018
Publisher : Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia as a member of the World Trade Organization (WTO) has a duty to implement the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). TRIPs Agreement is the international regulatory framework on protection of intellectual property. According to TRIPs Agreement, Geographical Indication is an intellectual property right conferred to protect the name of a specific place (region, locality or even country) where a product originates, as well as the special qualities, characteristics and reputation, due to natural factors and/or to traditional productions practices that are directly linked to such origin. One of Indonesian products that has received a Geograpical Indication status is Kopi Gayo coffee. Kopi Gayo coffee has been registered in the General Directorate of IPR Indonesia and also had been registered in European Union (EU). The focus of this thesis is to explore how are the efforts of local governments to maintain the Geographical Indications on Kopi Gayo coffee and to comprehend the obstacles in the implementation of registered Geographical Indications on Gayo Coffee. This research uses empirical method. The data in this paper was obtained by studying related fields of study, interviewing on respondents and informants, and conducting library research to acquire secondary data which sources include; legislations, books, online documents and other scholarly works related to research problems. Article 4 of Government Regulation No. 51 Year 2007 stipulates that registered Geographical Indication shall be protected as far as the specific characteristics and quality which have been the basis of the protection grant still exist. Therefore, the roles of government, farmers and exporters need to be fulfilled in order to maintain Geographical Indication on Kopi Gayo Coffee. Government created Masyarakat Perlindungan Kopi Gayo (MPKG) as a public institution for registering geographical indication and then becomes the milestone of society and government to preserve the existence of Kopi Gayo coffee. Moreover, government should aware of the legal protection Kopi Gayo for its sustainance. Until now, Kopi Gayo has managed to penetrate the international market but still need improvement on the quality of its local human resources. Monitoring and surveillance are being conducted by the Government to maintain the characteristics of Kopi Gayo. In spite of many government-arranged programs, there are various aspects that the government has not yet to consider. Currently, the effort that has been made by government is insufficient to protect Gayo coffee. The government admitted to have a shortage of financial and human resource that are capable to provide guidance regarding geographical indication. Therefore, it is recommended that the government optimize legal protection of geographical indication and learn from other regions which have the geographical indication product to preserve the existence of Kopi Gayo coffee.
INDONESIA-MALAYSIA-THAILAND GROWTH TRIANGLE (IMT-GT) AGREEMENT RELATED TO TOURISM DEVELOPMENT ASPECT IN ACEH, A STUDY FROM LAW OF TREATY PERSPECTIVE Rafdi Siddik; M. Putra Iqbal
Jurnal Ilmiah Mahasiswa Bidang Hukum Kenegaraan Vol 1, No 2: November 2017
Publisher : Fakultas Hukum Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT) subregional economic cooperation program was established in 1993 in Langkawi, Malaysia, through the signing of “1st Agreed Minutes” document with purposes to accelerating the economic transformation of the member states and provinces in the three countries. Aceh is a part of subregion that involve in this coorperation and tourism law in Aceh (Qanun No.8 of 2013) is the result of this agreement. However, There is a lot of shortcoming in this Qanun No.18 of 2013. The purpose of this thesis to understand Aceh local government harmonize Tourism law in Aceh with the IMT-GT Agreement and also to understand the legal status of Indonesia-Malaysia-Thailand Growth Triangle Agreement based on law of treaty. This research uses empirical normative research. The data in this study were obtained through the research libraries to acquire secondary data by way of studying the legislation, books, the internet and other scholarly works related to the problems of the research and fieldwork conducted for obtaining primary data by interviewing respondents or informants. The results showed that Tourism law in Aceh (Qanun Aceh No.8 of 2013)  should be review or revised by Aceh Government to harmonize this law with this Agreed Minutes of IMT-GT agreement related to tourism aspect that explain to develop Port connectivity, Air Linkages and also Medical Tourism that also a part of IMT-GT Agreement Purposes to developt Tourism aspect in Aceh as Indonesia region that include in IMT-GT Agreement. Based on Qatar v Bahrain Case,  After examining the 1990 the Court observes that they are not a simple record of a meeting, similar to those drawn up within the framework of the Tripartite Committee; they do not merely give an account of discussions and summarize points of agreement and disagreement. They enumerate the commitments to which the Parties have consented. They thus create rights and obligations in international law for the Parties. They constitute an international agreement. Thus, based on this cases, IMT-GT Agreement  related to tourism aspect (1st Agreed Minutes, 2nd Agreed Minutes, 3rd Agreed Minutes) catagorized as a treaty. The Government of Aceh should revise Qanun No. 8 of  2013 on tourism and review the things what are the tourism related that should be added on the qanun. So the rules regarding tourism in aceh would be more specific. And also look back at the IMT-GT Agreement to harmonize tourism law in Aceh. The Government of Aceh also have much to learn in making international agreements (Treaty) from the Central Government which is more experienced in the making treaties. And in the process learned the government of Aceh should be plenty involving the Central Government in making treaties as regulated in the law No. 24 of 2000 on treaties.