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All Journal Bacarita Law Journal PATTIMURA Law Study Review SASI
Yosia Hetharie
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : PATTIMURA Law Study Review

 1 
Hak Paten Sebagai Objek Jaminan Fidusia Putra Leonardo Sopamena; Merry Tjoanda; Yosia Hetharie
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10834

Abstract

ABSTRACT: After the issuance of Law no. 24 of 2022 concerning the Creative Economy paving the way for the imposition of intellectual property rights as fiduciary guarantees, however, the mechanism and filing of patent rights are not explicitly explained in Law no. 42 of 1999 concerning Fiduciary Guarantees. The purpose of this study is to discover and study the determination of indicators for valuation of patents as objects of fiduciary guarantees and to review the mechanism for filing patents as objects of fiduciary guarantees. The method used in this study is normative juridical with statutory approach (statute approach) and the concept approach (conceptual approach). The legal materials used are primary legal materials, secondary which was analyzed qualitatively. The results of the study show that there are several indicators that can used to determine the value (valuation) of patent rights in the case of filing as fiduciary guarantees, namely the cost-based approach, the market approach (market based approach), and income approach (income based approach). The mechanism for submitting patent rights as objects of fiduciary guarantees is not voluntary specifically regulated in statutory provisions, but referring to Law Number 42 of 1999 concerning Fiduciary Guarantees in conjunction with Government Regulation Number 46 of 2020 regarding the Requirements and Procedures for Registration of Patent Transfers, then it can be done by filing an application for registration of patent transfer, as well as attaching supporting documents in the form of patent documents, copies of the agreement deed, power of attorney especially for applications submitted by proxy, proof of payment of the application fee, proof of payment of the annual fee for a patent, proof of recording of a patent license agreement has been given to other parties, a copy of the fiduciary guarantee certificate, and approval in writing from the fiduciary recipient if the right to a patent is used as the object of fiduciary guarantees, and a copy of the Presidential Regulation regarding the implementation of patents by the government.
Perlindungan Konsumen Terhadap Penjualan Obat Antibiotik Tanpa Resep Dokter Hubertus Veron Mailuhuw; Theresia Louize Pesulima; Yosia Hetharie
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10855

Abstract

ABSTRACT: Drugs are a very important component for public health, meaning that drugs are needed to cure diseases suffered by humans. One of them is an antibiotic drug which is a drug to kill bacteria in the body and to increase endurance. In the provisions of the Regulation of the Minister of Health Number 73 of 2016 which regulates Pharmaceutical Service Standards, as well as Decree of the Minister of Health of the Republic of Indonesia No. 02396/A/SK/VIII of 1986 concerning Special Marks for List G Strong Drugs stipulates that antibiotic drugs as a category of hard drugs on list G can only be given with a doctor's prescription with sufficient criteria. However, in practice it is still traded freely without a doctor's prescription by pharmacies. This certainly violates consumer rights in Article 4 letter a regarding the right to comfort, security and safety in consuming goods and/or services. The pharmacist's actions also contradict Article 7 letter b of the UUPK's obligation as a business actor to provide correct, clear and honest information regarding the conditions and guarantees of goods and/or services as well as provide an explanation for the use of antibiotic drugs. The method used in this study is normative juridical, with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials collected through literature study, and analyzed qualitatively to answer the problems studied. Based on the results of the study, those responsible for the sale of antibiotic drugs without a doctor's prescription are the pharmacy companies because legally the pharmacies know exactly and clearly about the provisions prohibiting the sale of antibiotic drugs without a doctor's prescription. This means that if consumers want to buy antibiotics, it is the responsibility of the pharmacy to explain correctly and clearly regarding the provisions for using antibiotics that must be prescribed by a doctor, not vice versa to seek profit and then ignore consumer safety. The legal liability that can be imposed on the pharmacy is liability based on fault, so the pharmacy must provide compensation to consumers (buyers) if it is proven that due to their mistakes they caused harm to the buyer through the misuse of antibiotic drugs which can lead to overdose, resistance even death.
Co-Authors Hubertus Veron Mailuhuw Merry Tjoanda Putra Leonardo Sopamena Theresia Louize Pesulima