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p-Index From 2021 - 2026
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All Journal Veteran Law Review
Abel Parvez
Law Sciences Majoring, Faculty of Syariah and Law, Islamic State University Syarif Hidayatullah Jakarta, Jl. Ir. H. Juanda, Tanggerang Selatan, Banten, 15412
Humanities Law, Crime, Criminology & Criminal Justice

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Reconception of Local Working Patent as a Form of Legal Progressivity in the Era of Disruption Abel Parvez; Hafsah Aryandini; Gilang Rizki Aji Putra
Veteran Law Review Vol 5 No 2 (2022): November 2022
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v5i2.4624

Abstract

Technological knowledge in the era of disruption has an important role in responding to the complex needs of society. In order to fulfill the needs, humans continue to produce new discoveries that need legal recognition and protection for the results of human intellectual abilities. One of the manifestations of intellectual wealth is in the form of patents. The main goal to be achieved is to encourage the creation, inventions and intellectual works of Indonesian citizens which in turn are able to create national independence. As an effort to control technology through patent rights, a Local Working Patent concept was formed which is regulated in Article 20 of Act Number 13 of 2016 on Patents. The Local Working Patent mandated in this article is in the form of a provision whereby when a patent has been granted by the state, the patent inventor is obliged to apply the patent in Indonesia to support technology transfer, investment and employment absorption. However, Act Number 11 of 2020 on Ciptaker eliminates this concept because this obligation is considered burdensome and can reduce investment from abroad. In this case the law should follow and oversee the needs and interests of the society. This means that the law must be progressive and must not be left behind by changes in society so that it can accommodate new existing interests. Based on this postulate, the writer wants to contribute in the form of a paper that comprehensively discusses the problems that exist in patent protection. The research method used is normative juridical research with a statutory approach and a conceptual approach. Thus, the author offers an idea in the form of a reconception of Local Working Patent which is ideal to be applied in Indonesia by meeting and fulfill the national and outsiders interests.
Community Based Forest Management License: The Urgency of Forest Management for Human Development in Indigenous Peoples Hafsah Aryandini; Abel Parvez
Veteran Law Review Vol 6 No 1 (2023): Mei 2023
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v6i1.4686

Abstract

The position of customary law communities ' property rights (MHA) over customary forests has not been fully protected by law which causes conflicts regarding customary forests. Weak legal protection leads to discrimination for MHA, namely by loss of residence, loss of agricultural land, and even leading to punishment for defending its rights. In fact, the existence of Indigenous Peoples has been guaranteed in the constitution, namely in Article 18B of the 1945 NRI Constitution. However, in reality, the problem of property rights to customary forests is still often encountered and even boils down to human rights violations, namely the criminalization of Indigenous Peoples who are fighting for their rights. The postulate gives rise to two formulations of the problem. First, what are the problems with forest management regulation on the protection and empowerment of Indigenous Peoples? Second, How is the concept of forest management that protects and empowers Indigenous Peoples in accordance with the ius constituendum? To answer this problem, the author recommends improvements related to existing arrangements and the establishment of government policies as a concrete effort in enforcing the rights of MHA.  Existing laws must provide protection and protection of the human rights of indigenous peoples and be accompanied by customary forest management based on the Community Based Forest Management (CBFM) License as a mechanism in settlement and to protect and implement MHA.
Co-Authors Gilang Rizki Aji Putra Hafsah Aryandini