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All Journal Asian Journal of Social and Humanities Glosains: Jurnal Sains Global Indonesia
Henry Soelistyo Budi
Universitas Pelita Harapan
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Ethics and Intellectual Property Rights in Genetic Therapy Raymond R. Tjandrawinata; Ina Heliany; Henry Soelistyo Budi
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.500

Abstract

Genetic technology, particularly CRISPR-Cas9, has transformed the paradigm of treating genetic diseases by offering new hope for more effective and precise therapies. However, this advancement also presents significant ethical and intellectual property rights (IPR) challenges. This article explores the impact of patents on the development and accessibility of genetic therapy, as well as the ethical issues arising from human genetic modification, especially at the germline level. Using a qualitative analytical approach that combines literature reviews and case studies, the article examines patent disputes that have emerged in the development of CRISPR and how applied patent policies can exacerbate inequities in access to critically needed medical therapies. Furthermore, the article discusses ethical concerns regarding the misuse of genetic technology and its potential impact on future generations. In conclusion, the article proposes the need for more inclusive and balanced policies that prioritize both innovation and accessibility, as well as strict regulations to ensure the safe and ethical application of genetic technology, while considering broader social and cultural impacts.
From Industrialization to Innovation Justice: The Evolution of Indonesia’s Patent Law (1989–2024) and the Quest for a Post-TRIPS Legal Order Raymond R. Tjandrawinata; Henry Soelistyo Budi; Ina Heliany
Glosains: Jurnal Sains Global Indonesia Vol. 7 No. 1 (2026): Glosains: Jurnal Sains Global Indonesia
Publisher : Sekolah Tinggi Agama Islam Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59784/glosains.v7i1.645

Abstract

Background: This study examines the evolution of Indonesia’s patent law through a philosophical, structural, and systemic lens, exploring why and how the national legal order has transformed from a state-controlled industrial tool to a plural innovation governance framework. It investigates six dimensions of legal evolution: the philosophical assumptions underlying each legislative phase; the structural redesign of the patent system; the historical and political causes driving reform; the normative implications for justice and inclusion; the epistemic method by which reform has been justified; and the prospective direction of post-TRIPS lawmaking.Objective: …Methods: Using a doctrinal-historical and hermeneutic approach, the analysis traces five major legislative stages: the industrial developmentalism of Law No. 6 of 1989; the liberal-international harmonization of Law No. 14 of 2001; the adaptive institutionalization of Law No. 13 of 2016; and the integrative, sustainability-oriented transformation of Law No. 65 of 2024. Each stage embodies a distinct worldview: from efficiency and control to equity and adaptability.Results: The study finds that Indonesia’s patent regime evolves dialectically rather than linearly—each reform emerging from contradictions between global market demands, constitutional values, and domestic innovation capacity.Conclusion: It concludes that the newest version marks a paradigmatic turn from TRIPS compliance to innovation justice. Yet it also introduces new paradoxes: digital complexity, regulatory overload, and unresolved distributive gaps. The paper proposes that future reforms should cultivate reflexive learning mechanisms within the legal system to sustain co-evolution with emerging technologies and social realities.
Co-Authors Ina Heliany Ina Heliany Raymond R. Tjandrawinata