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Status Kepemilikan Hak Atas Tanah Adat Marga dalam Kebijakan Penataan Aset Reforma Agraria Di Kabupaten Maluku Tenggara Ronald Saija; Fransiscus X. V. R Letsoin; Rory Jeff Akyuwen; Pieter Radjawane
SASI Vol 26, No 1 (2020): Volume 26 Nomor 1, Januari - Maret 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i1.246

Promulgation of Law Number 5 of 1960, brought its own consequences in terms of regulation of agrarian resources, including earth, water, space and natural resources contained therein. The ideals of the law in the realization of the objectives of the national agrarian law are realized in the form of the Agrarian Reform policy which is one of the ideals in the administration of President Joko Widodo. This policy was stated in the Decree of the People's Consultative Assembly of the Republic of Indonesia Number IX / MPR / 2001 concerning Agrarian Reform and Natural Resource Management and followed up with the issuance of Presidential Regulation Number 86 of 2018 concerning Agrarian Reform. The Presidential Regulation regulates the determination of assets in the legalization of agrarian reform land object certificates. However, the problem is that it is feared that disputes and agrarian conflicts will arise in the right of recognition of the existence of communal rights for indigenous and tribal peoples explicitly mentioned in Ministerial Regulation ATR / Ka.BPN Number 10 of 2016, which seems to be no longer recognized by indigenous peoples in Indonesia. This paper is a legal research that uses the method of the statutory approach and conceptual approach that examines the recognition and use of customary land by using the norms contained in legislation. The results of this paper are directed to be able to provide clarity of legalization of customary community land as well as communal rights of indigenous and tribal peoples related to the issuance of Presidential Regulation Number 86 of 2018 which does not expressly state the position of indigenous peoples as the subject of policy arrangement on Agrarian Reform assets, so that the rights owned by marga indigenous and tribal peoples can be fought for.

PELAKSANAAN HAK MONOPOLI OLEH BADAN USAHA MILIK NEGARA DI INDONESIA Rory Jeff Akyuwen
SASI Vol 22, No 1 (2016): Volume 22 Nomor 1, Januari - Juni 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i1.180

Analysuing the position of monopoly State-Owned Enterprises in the perspective of business competition law which could potentially give rise to barriers in business competition in particular concerning control over production branches are considered important and master his life much. Though it is excluded in law number 5 of 1999 concerning the prohibition of Monopolies and Anticompetitive Business practices are unhealthy, but that should not be considered a monopoly owned by the State-Owned Enterprises at the same time have the power over the market, and all the power over its own market not obliging him to carry on the practice of healthy competition. Existence of State-Owned Enterprises in the perspective of business competition law is the implementation of Article 33 of the Constitution of 1945, where the presence of the NRI Soes is a manifestation of the State's role in the national economy for the well-being of the people. The position of monopoly State-Owned Eterprises in the perspective of business competition law is still frequently abused the rights relating to the control of the State giving rise to unhealthy business competition. A monopoly held by State-Owned Enterprises should be stabilised so that serves as the market competition can run healthy. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.

KRITERIA BADAN USAHA MILIK NEGARA YANG DIBERIKAN HAK MONOPOLI DALAM PERSPEKTIF HUKUM PERSAINGAN USAHA Rory Jeff Akyuwen
SASI Vol 22, No 2 (2016): Volume 22 Nomor 2, Juli - Desember 2016
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v22i2.166

Analysuing the position of monopoly State-Owned Enterprises in the perspective ofbusiness competition law which could potentially give rise to barriers in business competitionin particular concerning control over production branches are considered important andmaster his life much. Though it is excluded in law number 5 of 1999 concerning theprohibition of Monopolies and Anticompetitive Business practices are unhealthy, but thatshould not be considered a monopoly owned by the State-Owned Enterprises at the same timehave the power over the market, and all the power over its own market not obliging him tocarry on the practice of healthy competition. Criteria for State-Owned Enterprises can be given a monopoly in business competition law perspective, just look at the functions and Government intervention in the economy aimed at the earliest possible time the prosperity of the people. Criteria for State-Owned Enterprises can be given a monopoly should be seen from the form and objectives of the establishment of State-Owned Enterprises as well as the magnitude of the ownership of the Government's stake in it.

Perlindungan Pengetahuan Tradisional Secara Sui Generis Untuk Menyongsong Masyarakat Ekonomi Asean Muchtar Anshary Hamid Labetubun; Rory Jeff Akyuwen; Marselo Valentino Geovani Pariela
SASI Vol 24, No 1 (2018): Volume 24 Nomor 1, Januari - Juni 2018
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v24i1.113

At this time the Asean Economic Community is being held which is a free trade system in ASEAN Countries (Asean Economic Community), so that traditional knowledge is important to be protected by sui generis in Indonesia which causes the absence of legislation who specifically regulates traditional knowledge because it deals with the transfer of technology, economic development and national honor, and attracts investors in the field of research development in Indonesia, one of the countries that has natural resources and human resources in resulting in a variety of traditional knowledge as a feature of local wisdom, traditional knowledge has a very strategic value to be protected by sui generis in the field of intellectual property as a nation's intellectual work. Protection of traditional knowledge requires regulations in order to regulate the use of sharing benefits that are balanced and equitable for people who have the right to traditional knowledge. The current application of the IPR regime is not optimal in its application to protect traditional knowledge especially regarding traditional medicine against violations committed by foreign countries. The impact of legal protection on traditional knowledge is known to other countries, especially the ASEAN Economic Community as a society that values and utilizes traditional knowledge as an increase in regional income.

The Legal Ramifications of Sexual Commodification in Trademark Usage in Indonesia Rory Jeff Akyuwen; Muchtar Anshary Hamid Labetubun; Senly Soplantila
Sriwijaya Law Review Volume 8 Issue 2, July 2024
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol8.Iss2.2911.pp318-334

The ownership of trademark rights is a fundamental component of industrial property rights within the broader spectrum of intellectual property law. Law Number 20 of 2016 concerning Marks and Geographical Indications, specifically Article 20, mandates that brand naming must not contravene state ideology, statutory regulations, religious morality, decency, or public order. This study seeks to critically examine and analyse trademarks deemed inappropriate because they violate existing legislative provisions. Certain trademarks utilised by business entities infringe upon societal standards of decency by engaging in sexual commodification. The research adopts a juridical-normative methodology, incorporating both legislative and conceptual frameworks. The legal materials examined include primary, secondary, and tertiary sources, which are qualitatively analysed to address the research questions. The findings reveal that sexual commodification in trademark naming, characterised by the exploitation of pornography, violates religious norms and societal decency. Therefore, such trademarks are not eligible for registration. Furthermore, any trademarks that have been registered and are found to contain elements of sexual commodification may be subject to revocation, as they conflict with state ideology, legislation, religious morality, decency, and public order.

Human Rights Protection in Antitrust Law: Integrating the Principle of Dignified Justice into Antitrust Policy in Europe and Asia Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid; Chansrakaeo , Ruetaitip
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p184-217

Human rights must be integrated into Antitrust law to ensure social justice and protection for vulnerable groups, considering that the dominant economic approach often overlooks the negative impacts of monopolistic and anti-competitive practiceson the fundamental rights of individuals and communities. The aim of this research is to analyze how the integration of the principle of dignified justice in Antitrust law can strengthen human rights protection in Europe and Asia, as well as to evaluate the extent to which Antitrust law in both regions has currently accommodated human rights protection. This research uses a normative legal method with legislative, conceptual, and comparative approaches to analyze the integration of the principle of dignified justice in Antitrust law in Europe and Asia, and to assess human rights protection through qualitative analysis of relevant regulations, doctrines, and court rulings. The research findings show that the integration of the principle of dignified justice in Antitrust law in Europe and Asia strengthens human rights protection by creating a balance between entrepreneurial freedom and protection for vulnerable groups. Europe, through regulations such as the TFEU and initiatives like the Digital Markets Act, has made more progress in accommodating human rights, while Asia, though beginning to adopt the principle of justice in countries like Japan and Indonesia, still faces challenges in harmonizing regulations and enforcing the law. Collaboration and the adoption of best practices are expected to further strengthen human rights protection in Antitrust law in both regions. The research recommends that countries in Europe and Asia need to explicitly integrate human rights principles, particularly dignified justice, into the formulation and implementation ofcompetition law to ensure the protection of vulnerable groups.

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