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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia West Science Interdisciplinary Studies
Bagus Teguh Santoso
Universitas Bhayangkara Surabaya
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMBERIAN GRASI OLEH PRESIDEN BAGI TERPIDANA ANTASARI AZHAR Bagus Teguh Santoso
MIMBAR YUSTITIA Vol 1 No 1 (2017): Juni 2017
Publisher : universitas islam darul ulum lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (565.486 KB) | DOI: 10.52166/mimbar.v1i1.566

Abstract

Clemency and rehabilitation as the pardoning belong to the President’s prerogatives based on the attributie and discretion authority in consideration to endorse or to reject them. In the implementation of the prerogatives of the Presidential Decree (beschikking), the President should impose it wisely (guided by Principles of Algemene Beginselen Van Behoerlijk Bestuur) and by the concept of law (rechtmatigeheid). But in fact, politically there was “abuse of power” (detournement de povoir) and as if it were the President’s prerogatives in the field of discretion. It can be seen from the endorsement of Antasari Azhar clemency through the Presidential Decree No. 1 / G / 2017 dated on January 16, Th 2017, whereas in Antasari Azhar previous application for the clemency was rejected by the President pursuant to the Presidential Decree No.27 / G / 2015 dated on 27 July, Th 2015. As we all know the clemency application may strictly be purposed merely (1) onces (lex stricta, lex scripta, lex certa) as stipulated in Article 2 paragraph (3) of the Act No. 22 of 2002 as amended by the Act No. 5 of 2010 about clemency.
Intellectual Property Rights in BRICS Countries: Legal Frameworks, Enforcement Challenges, and Economic Implications Haryono Haryono; Woro Utari; Diah Ayu Rahmawati; Budi Endarto; Bagus Teguh Santoso
West Science Interdisciplinary Studies Vol. 2 No. 12 (2024): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v2i12.1550

Abstract

This study explores the legal frameworks, enforcement challenges, and economic implications of Intellectual Property Rights (IPR) in BRICS countries—Brazil, Russia, India, China, and South Africa—using a normative juridical approach and qualitative analysis. The findings reveal significant disparities in the governance of IPR among these nations, with China and India leading in innovation and enforcement reforms, while Brazil, Russia, and South Africa face persistent challenges related to institutional capacity and judicial delays. Despite progress in aligning with international standards such as TRIPS, enforcement gaps and socio-economic priorities influence the effectiveness of IPR systems. The study also highlights the dual economic impact of IPR: fostering innovation and investment while raising concerns over access to essential goods. This research underscores the need for harmonized frameworks, enhanced enforcement mechanisms, and a balanced approach to innovation and equity in BRICS countries.
Co-Authors Budi Endarto Diah Ayu Rahmawati Haryono Haryono Woro Utari