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All Journal JURNAL HUKUM Sosiohumaniora PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Sriwijaya Law Review Jurnal Hukum Bisnis Indonesian Journal of International Law JIPRO : Journal Of Intellectual Property Indonesia Law Review (ILREV) Journal of Finance and Business Digital (JFBD) Journal of Central Banking Law and Institutions Acta Law Journal Jurnal Hukum dan Pembangunan
Agus Sardjono
Fakultas Hukum Universitas Indonesia
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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HKI dan UU Pemajuan Kebudayaan Agus Sardjono
JIPRO: Journal of Intellectual Property JIPRO, Vol. 2. No. 2, 2019
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol2.iss2.art5

Abstract

The Constitution 1945 has obligated government to advance culture. Symphonizing Intellectual Property in the advancement of culture must be a major project burdened by government to realize it. The concept of Intellectual Property Rights  has been aimed to giving rewards to creative people who maintain momentum by cultural promotion act 2017 enactment. As aconsequence, goverment and society are encourage to be united to execute the law in order to realize the cultural advance in Indonesian in regard to the concept of Intellectual Property Rights. It is becoming the main idea of this writing. Furthermore, this writing is provided accordance with normative legal research method which thr research focused on law as a rule
Patent, Technology, and The Role of University Sardjono, Agus
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

University has significant contribution to the development of nanotechnology. The role of university can be implemented through the TTLO, particularly in an effort to build a bridge for bottom-up nanotechnology for commercial purposes. There will be an increasingly significant link between the patent system and the university role in the development of nanotechnology.
CULTURE ANDINTELLECTUAL PROPERTY DEVELOPMENT IN INDONESIA Sardjono, Agus
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

The conception of Intellectual Property Right (IPR) is generally misunderstood by among common people. In order to obtain a more comprehensive understanding of IPR, we may as well start with the most dominant point of view, namely that from the perspective of the State and Government.This point of view is dominant because the State and Government are the institutions which havethe authority to make law, to implement law and to interpret the law in the various forms of itsimplementation. A study of IPR can be taken from wider view, as cultural perspectivetake the approach of looking at various events related to the implementation of the laws concerned. It also provide various situations to analyze related to the implementation of Copyright Law in various regions all over Indonesia. Within current situation, after Indonesia has ratified the WTO/TRIPs, the consequence now is binding, politically, legally and economically, although we may freely provide the needs of our people, in this case : IPR protection system. There are of course many other things in the spirit of the Constitution and the Indonesian nation that can be explored further and applied in the IPR protection system. In the end, IPR as the part of the culture can be developed further by taking into consideration and looking into possibility that much suitable to the needs of Indonesian respective communities.
INDONESIAN EXPERIENCE IN DEALING WITH TRADEMARK LAW: CASE STUDY OF BATIK SMEs Sardjono, Agus; Prastyo, Brian Amy; Larasati, Desrezka Gunti
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

This research aims to observe whether the Trademark Law can contribute to protect Indonesia’s batik business, particularly for the small-medium enterprises who produce and sell batik products (“Batik SMEs”). The individual trademark system has not been successful to support the batik SMEs’ business. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for the development of collective trademarks, which can address the problems that individual trademark cannot anticipate. This research finds that, in order to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; Indonesian batik SMEs need to be nurtured and encouraged to register their own collective trademarks, and to build their branding infrastructure, through local batik community’s standardization, and collective batik labeling. This recommendation is also proposed considering the government’s ineffective policy on Batikmark. This research will take samples of Batik SMEs in several areas, namely Yogyakarta, Pekalongan, Solo, and Jakarta. Those areas have been recalled as some of the centers for Batik production and trading activities. This research is conducted through combining the quantitative and qualitative-empirical methods. Data are collected through literature studies, interviews, as well as questionnaires, including site visits and discussions with the SMEs in those areas.
DEVELOPMENT OF COLLECTIVE TRADEMARK FOR BATIK INDUSTRY IN KAMPUNG BATIK LAWEYAN (LAWEYAN BATIK’S VILLAGE), SOLO Sardjono, Agus; Prasetyo, Brian Amy; Larasati, Derezka Gunti
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Previous research found that the individual trademark system has not been effectively utilized to support the business of batik Smal Medium Enterprises (SMEs), particularly in several batik industry centers in Java, namely Bantul in Yogyakarta province, Kauman in Pekalongan and Laweyan in Solo. However, the fact that those SMEs gather in a community, organization, or kinships bring potentials for development of collective trademarks, which can address the problems that individual trademark cannot anticipate. The development of collective trademark can also be a strategy to anticipate the free-trade ‘attack,’ i.e. imported textiles with batik patterns/motifs; which are not the original Indonesian batik. In regards to that, Indonesian batik SMEs need to be nurtured and encouraged to register their own collective trademarks and to build their branding infrastructure, through local batik community’s standardization, and collective batik labeling. This present research focuses on the development of collective trademark utilization by one longknown batik community in Kampung Batik Laweyan, Solo, as a strategy to enable them to compete with imported batik-printed textiles, as well as to protect their traditional batik cultural heritage.
The Effectiveness of National Collective Management Organization Regulation Sardjono, Agus; Prastyo, Brian Amy; Larasati, Derezka G.
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Law Number 28 of 2014 concerning Copyright in Article 89 provides for two National Collective Management Organizations (briefly referred to as LMKN), both of which represent the interests of Authors and the Owners of Related Rights. Both of the said organizations possess the authority to impose, collect, and distribute royalty obtained from commercial users. The Minister of Law and Human Rights inaugurated commissioners assigned to the said Authors’ LMKN and Related Rights LMKN. The LMKN is bound to have an operational effect on previously existing LMKs in Indonesia. Therefore, the objective of this study is to assess whether the existing LMKs feel that their needs are accommodated by the introduction of the LMKN. This research also aims to reveal the causing factors of the conflict which has been occurring between LMK and Authors/ Musicians/Singers, between LMKs, and between LMK and Commercial Users of Songs/Music. This research also aims to elaborate on the existing regulation patterns concerning LMKs worldwide. The research will be conducted by using the normative and empirical legal research method. Normative research will be conducted to examine the normative aspects of LMK and LMKN. On the other hand, empirical research will be aimed at understanding and analyzing the outlook of actors, particularly LMKs existing prior to the 2014 Copyright Law coming into effect. This research is expected to come up with recommendations concerning the regulation of music/song LMKs in Indonesia in the future.
Principle of National Treatment in Applying Trademark Registration in Indonesia Elsa Savira; Runtung; Agus Sardjono; Jelly Leviza
Journal of Finance and Business Digital Vol. 2 No. 2 (2023): June 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jfbd.v2i2.4910

Abstract

One of the basic principles adopted in the TRIPs Agreement is the principle of  national treatment, In general,  this principle of national treatment  states that foreigners will get the same treatment as the treatment given by a country for its own citizens. This research uses normative juridical research methods with a descriptive type of research. Meanwhile, data analysis is used normative legal research (legal research). Principle National Treatment in International Law Rules Related to Trademarks National Treatment set on Trademark Law Treaty and Paris Convention Application of Principles National Treatment Trademark Registration in Indonesia has not been regulated in the current trademark legislation other than dispute resolution by considering and using the principle of National Treatment Also still sidelined in law enforcement related to trademark disputes.
EKSISTENSI PERLINDUNGAN PATEN ATAS VAKSIN COVID-19 Tharifah, Adzhani; Sardjono, Agus
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The Covid-19 vaccine is expected to be a solution to return to normal life. However, the need for vaccines that are global in nature raises several questions in the community, especially regarding the existence of patent protection. For this reason, this paper will answer these questions by discussing the patentability of the Covid-19 vaccine as well as how to implement patent protection in the midst of a pandemic and public concerns about limited access to vaccines. The research method used in the writing of this thesis is normative juridical with a qualitative approach where the data comes from literature studies and interviews. Based on the author's research, the author came to the conclusion that the Covid-19 vaccine can obtain patent protection as long as a patent application has been submitted to the patent office in which the vaccine meets all the patentability requirements. Due to the absence of an international patent protection mechanism, patent applications must be filed in many countries to maximize the scope of patent protection areas.
PROBLEM HUKUM REGULASI LMK & LMKN SEBAGAI PELAKSANAAN UNDANG-UNDANG HAK CIPTA 2014 Sardjono, Agus
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

UUHC 2014 has been effective since October 2014. The various clauses in the law still contains potential problems, especially those related to copyright in the music, because of its multiple interpretations. The multiple interpretations conditions especially with respect to the setting of the Collective Management Organization. Regulation of the Minister of Law and Human Rights No. 29 In 2014 it adds to the potential problems due to a few mistakes LMKN arrangements concerning the formation and powers rest upon to him. The problem was quite pronounced, since an doctrinal analysis. This paper attempts to reveal the problems in question
THE URGENT NEED TO AMEND THE INDONESIAN LAW ON CURRENCIES TO FACE THE DIGITAL AGE Nefi, Arman; Sardjono, Agus
Journal of Central Banking Law and Institutions Vol. 1 No. 1 (2022)
Publisher : Bank Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21098/jcli.v1i1.8

Abstract

This research focuses on Indonesian Law No. 7 of 2011 on Currency. Over the past ten years, information technology has developed so rapidly that it has been necessary to take another look at whether this law is still relevant now and in the near future. The research uses normative legal analysis methods with a conceptual approach, analytical approach, comparative approach across multiple countries, and case studies. The rapid development has left the law behind when addressing violations of the currency law. To eliminate ambiguity and hesitation in the implementation of the use of currency, this law must be amended. It is necessary to establish clear laws on digital money or electronic money (e-money), which is currently only regulated at the level of Bank Indonesia and Bank Indonesia Circular Letter. The use of foreign currency in border markets and places of foreign tourists, money in some places due to technological advances, and about the local wisdom of a society that has a history of using certain goods as currency. Things that develop and are a reality in society should be contained in statutes to settle the law.
Co-Authors Brian Amy Prastyo Derezka Gunti Larasati Desrezka Gunti Larasati Desrezka Gunti Larasati Deviana Yuanitasari Elsa Savira Fatou Diagne Mbaye Harsanto Nursadi Heru Susetyo Jamhari Jamhari Jelly Leviza Larasati, Derezka G. Mutiara Panjaitan Nefi, Arman Prasetyo, Brian Amy Runtung Tharifah, Adzhani