Kholis Roisah
Faculty of Law, Universitas Diponegoro

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Patenting Deal in Indonesia, Article 20 of The Patent Law in The Political Perspective of International Trade Law Mahoro Jean Claude Geofrey; Kholis Roisah
LAW REFORM Vol 16, No 1 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (113.519 KB) | DOI: 10.14710/lr.v16i1.30302

Abstract

The research at hand analyses the legal foundation of Article 20 of the Indonesian Patent Law No 13 of 2016. It assesses its conformity with the WTO Agreements known as the Uruguay Round, specifically the TRIPS Agreement. Those agreements have a character of ‘hard law,’ which compels all the WTO Members to be bound by them. Patent law and other Intellectual Property Rights (IPRs), any WTO Member must implement the minimum standards stipulated under the TRIPS Agreement in its national legal system without discrimination. In this light, Indonesia, as a WTO member since 1994, must comply with all WTO Agreements,. Therefor, it made various law reforms in the protection of IPRs. However, the Patent Law raised a debate that it contradicts the principles of international trade law as it embodies a discriminatory provision that only safeguards the people of Indonesia. As a result, the present found that, based on limited exceptions stipulated in the TRIPS and the Paris Convention, Indonesia did not violate the TRIPS as it applied a given leeway for implementing the TRIPS Agreement in a domestic context. Thus, it had reasonable grounds to secure its nationals’ mutual interest without violating general provisions and principles stipulated in the WTO Agreements.
Legal Protection for Traditional Medicine Knowledge of Paliasa Leaves in Traditional Community of South Sulawesi Through Intellectual Property Regime Muhammad Tizar Adhiyatma; Kholis Roisah
LAW REFORM Vol 16, No 2 (2020)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (136.329 KB) | DOI: 10.14710/lr.v16i2.33782

Abstract

Traditional knowledge as a work which is communal property and has opposition characteristics to the legal regime of Intellectual Property rights. Thus, imposing for a regime of intellectual property used as a system to protect traditional knowledge would only cause anomalies in Indonesian society itself and the existing legal regime of Intellectual Property rights in Indonesia is not yet capable of protecting traditional knowledge, especially that associated with genetic resources. The existence of local wisdom of communities in South Sulawesi to genetic resources is to use Paliasa (Kleinhovia Hospita Linn.) leaf as a medicinal plant which are well documented in ancient texts “lontarak pabbura” and organized by Ammatoa as Kajang indigenous leaders. Therefore, it needs a protection model to protect traditional knowledge and their genetic resources associated with traditional knowledge through a sui generis system as positive protection and defensive protection models in order to provide comprehensive protection against traditional knowledge belonging to the Indonesian people.
EMPOWERING CULTURAL COMMUNITIES IN PROTECTING TRADITIONAL EXPRESSIONS: LEGAL CHALLENGES IN THE DIGITAL AGE Kholis Roisah; Rahayu Rahayu; Moh. Asadullah Hasan Al Asy'arie; Elena Mitskaya; Bryan Fayyadh Haq Wahyudi
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.134-156

Abstract

Protecting Traditional Cultural Expressions (TCEs) is essential for safeguarding national identity and the values of communities that inherit and transmit cultural knowledge. This doctrinal study, grounded in comprehensive literature analysis, examines Indonesia’s regulatory framework and the practical challenges of TCEs protection. Research demonstrates that the limited positive influence on cultural holder communities' welfare stems from a noticeable dearth of clear technical policies outlining the institutions and systems for equitable benefit-sharing. The protection afforded to traditional cultural expressions (TCEs) is inherently twofold: it substantiates the importance of cultural diversity, spirituality, and religious practice while also functioning as an essential tool to preclude cultural plagiarism and inappropriate exploitation. The custodial  communities remain essential bearing the primary responsibility for maintaining, revitalizing, and transmitting local knowledge, artistic forms, and ritual practices. Concurrently, the digital era amplifies risks of misuse; specifically, the ease of digitization and rapid dissemination increase vulnerability to unauthorized appropriation and misrepresentation. To confront these risks, a combined approach is required, including positive and defensive measures within intellectual property regimes—such as tailored sui generis protections—alongside complementary policy instruments that emphasize community rights. Indonesia's legislative efforts, including the 2014 Copyright Law and the 2022 Government Regulation on Communal Intellectual Property (KIK), are compromised by major implementation deficits that undermine effective practical enforcement. The core argument here is for clearer, highly specific legal tools and stronger institutional arrangements that actively facilitate benefit-sharing and protect community interests. Ultimately, the study calls for a cohesive strategy that integrates protection with cultural-based economic growth and community empowerment to guarantee sustainable, intergenerational outcomes that preserve heritage while simultaneously lifting local welfare.